Starkey v. United States Department of Treasury et al

Filing 4

ORDERED that the Notice of Constitutional Challenge (Doc. 1) is DISMISSED WITHOUT PREJUDICE with leave to amend. On or before Friday, January 22, 2016, James Andrew Starkey may refile a proper complaint. Signed by Judge Roy B. Dalton, Jr. on 1/12/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JAMES ANDREW STARKEY,
Plaintiff,
v.

Case No. 6:16-cv-4-Orl-37DAB

UNITED STATES DEPARTMENT OF
TREASURY; and STATE OF FLORIDA,
Defendants.
ORDER
This cause is before the Court on its own motion. On January 4, 2016, James
Andrew Starkey filed a “Notice of Constitutional Challenge” against the U.S. Department
of Treasury and the State of Florida. (Doc. 1 (“Notice”).) To the extent that Mr. Starkey
intends for his Notice to serve as an operative complaint necessary to commence an
action pursuant to Federal Rule of Civil Procedure 3, the Court finds that it suffers fatal
deficiencies. Specifically, the Notice is noncompliant with the pleading standards of
Rules 8(a) and 10(b).
Accordingly, it is hereby ORDERED AND ADJUDGED that the Notice of
Constitutional Challenge (Doc. 1) is DISMISSED WITHOUT PREJUDICE with leave to
amend. On or before Friday, January 22, 2016, James Andrew Starkey may refile a
proper complaint consistent with the strictures in this Order and otherwise compliant with
the Federal Rules of Civil Procedure. 1 Failure to timely file may result in this action being

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The Court encourages Defendant to make use of the resources available to pro
se litigants on the Court’s website at http://www.flmd.uscourts.gov/pro se/default.htm.

dismissed with prejudice without further notice.
DONE AND ORDERED in Chambers in Orlando, Florida, on January 12, 2016.

Copies:
Counsel of Record

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