Anderson v. Doe et al

Filing 3

ORDER: Plaintiff's complaint is dismissed without prejudice to Plaintiff to amend his complaint within 20 days. The amended complaint shall state the basis of this Court's jurisdiction, identify the causes of action, and clearly state facts in support of each cause of action. Plaintiff's failure to amend the complaint within this period of time may result in the dismissal of this action without further notice. Signed by Judge James S. Moody, Jr on 3/18/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HANS C. ANDERSON,
Petitioner,
v.

Case No: 8:12-mc-153-T-30AEP

JOHN DOE, OFFICER COLE, OFFICER
WITHMOORE and LT. LYONS,
Respondents.

ORDER
THIS CAUSE comes before the Court sua sponte. Plaintiff is proceeding in this
case pro se and is currently incarcerated at the Zephyrhills Correctional Institution. A
review of the complaint reflects that Plaintiff has failed to state a cause of action. The
complaint consists of approximately two pages describing an incident wherein Plaintiff
alleges he was deprived the opportunity to watch television based upon a mistake
concerning whether he had showered that day.

Plaintiff references Section 1982,

presumably the cause of action he is attempting to bring, but fails to allege what
constitutional violation occurred. Moreover, it is unclear how the alleged facts relate to
any constitutional violation.
Rule 8 of the Federal Rules of Civil Procedure is instructive on the issue of
pleading an appropriate complaint. Rule 8 states, in relevant part, that:
A pleading that states a claim for relief must contain:

(1) a short and plain statement of the grounds for the court’s jurisdiction,
unless the court already has jurisdiction and the claim needs no new
jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is
entitled to relief; and
(3) a demand for the relief sought, which may include relief in the
alternative or different types of relief.
Importantly, Plaintiff’s pro se status does not relieve him from following the
Federal Rules of Civil Procedure.
It is therefore ORDERED AND ADJUDGED that Plaintiff’s complaint is
dismissed without prejudice to Plaintiff to amend his complaint within twenty (20) days
of this Order. The amended complaint shall state the basis of this Court’s jurisdiction,
identify the causes of action (i.e., the legal claims that entitle Plaintiff to relief under the
law), and clearly state facts in support of each cause of action. Plaintiff’s failure to
amend the complaint within this period of time may result in the dismissal of this action
without further notice.
DONE and ORDERED in Tampa, Florida, this 18th day of March, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2012\12-mc-662.suaspontedismiss.docx