Hook v. Nabors et al

Filing 10

ORDER adopting 9 --REPORT AND RECOMMENDATION; denying 2 --motion for leave to proceed in forma pauperis; dismissing the complaint; directing the plaintiff to amend the complaint and either pay the filing fee or submit a notarized affidavit of indigency by 10/16/2017. Signed by Judge Steven D. Merryday on 9/27/2017. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
THOMAS MANNING HOOK,
Plaintiff,
v.

CASE NO. 8:17-cv-1103-T-23JSS

JAMES NABORS, et al.,
Defendants.
____________________________________/

ORDER
The magistrate judge recommends (Doc. 9) dismissing Thomas Manning
Hook’s complaint (Doc. 1) for failing to comply with the pleading standards of
Rule 8, Federal Rules of Civil Procedure; recommends allowing Hook to amend the
complaint; and recommends denying Hook’s motion (Doc. 2) to proceed in forma
pauperis. More than fourteen days has passed, and no party objects. The report and
recommendation (Doc. 9) is ADOPTED. No later than OCTOBER 16, 2017, Hook
(1) must amend the complaint to state a legal claim and (2) must either pay the filing
fee or submit a notarized affidavit of indigency. Failure to comply with this order
will result in dismissal of this action without further notice.
In preparing the amended complaint Hook must comply with Rules 8, 9, 10,
and 12, Federal Rules of Civil Procedure and the Local Rules. For example, Rule 8
states that a complaint must include: “(1) a short and plain statement of the grounds
for the court’s jurisdiction . . . (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 . . . .”
Rule 10 states that “[a] party must state its claims . . . in numbered paragraphs, each
limited as far as is practicable to a single set of circumstances . . . . If doing so would
promote clarity, each claim founded on a separate transaction or occurrence . . . must
be stated in a separate count.” Hook must identify to which particular defendant
each separate count applies.
Hook is warned that litigation in federal court is difficult. The complaint
suffers from deficiencies that suggest Hook requires legal advice and assistance from
a member of The Florida Bar. Hook can contact The Florida Bar for the names of
organizations providing free or low cost legal services to an eligible person. The
court cannot assist a party, even a pro se party, in conducting a case.
ORDERED in Tampa, Florida, on September 27, 2017.

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