Johnson v. Brooks et al
ORDER overruling 8 --objections; adopting 7 --REPORT AND RECOMMENDATIONS; denying 2 --motion for leave to proceed in forma pauperis; dismissing the action; directing the clerk to CLOSE the case. Signed by Judge Steven D. Merryday on 8/9/2017. (BK)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
LELAND R. JOHNSON,
CASE NO. 8:17-cv-1384-T-23MAP
KEVIN BROOKS, et al.,
Appearing pro se, the plaintiff sues (Doc. 6) under Section 1983 a “cook at
Golden Coral,” the “Polk County Sheriff,” Attorney General Pam Bondi, and the
Lakeland Police Department. The amended complaint alleges that the Golden
Corral cook “used . . . my utility bill to become me” (Doc. 6 at 3), that the cook’s
“mother work[s] for the sheriff dept [s]o the defendant was known by the agency”
(Doc. 6 at 4), that the “state d[e]stroyed public record on this matter” (Doc. 6 at 4),
and that “the incident happen[ed] in 3/9/1994.” (Doc. 6 at 4) The plaintiff requests
$12.5 million “to pay for having my name in the system for 25 years.” (Doc. 6 at 4)
In a thorough report, Magistrate Judge Pizzo recommends (Doc. 7) dismissing
the action for frivolity and for failure to state a claim. In a one-page paper, Johnson
objects (Doc. 8) because “my evidence is proof [and] my confusing allegations is
supported by fact,” but Johnson fails to identify facts sufficient to state a claim
against any of the defendants. The objection (Doc. 8) is OVERRULED, the report
and recommendation (Doc. 7) is ADOPTED, the motion (Doc. 2) for leave to
proceed in forma pauperis is DENIED, and the action is DISMISSED. The clerk is
directed to close the case.
ORDERED in Tampa, Florida, on August 9, 2017.
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