MORIN v. SJOSTROM et al

Filing 20

ORDER OF DISMISSAL adopting 18 Report and Recommendation. Signed by JUDGE ALLEN C WINSOR on 1/7/2022. The clerk will enter a judgment that says, "This action is dismissed with prejudice because Plaintiff filed a shotgun complaint." The clerk will then close the file. (kdm)

Case 4:21-cv-00335-AW-MAF Document 20 Filed 01/07/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DOUGLAS A. MORIN,
Plaintiff,
v.

Case No. 4:21-cv-335-AW-MAF

JONATHAN SJOSTROM, et al.,
Defendants.
_______________________________/
ORDER OF DISMISSAL
Douglas Morin sued a state judge and others. ECF No. 11. Morin reports “that
the basis of the Compliant is the attempt by state actors to murder [him] . . . and that
others, et al., joined . . . to conceal or cover-up the deeds of others.” ECF No. 19 at
1. The precise basis of his claims is unclear, but the gist is that someone he thought
was a narcotics officer stabbed him, and others (including the judge) tried to cover
it all up.
The magistrate judge found Morin’s pleading was a shotgun complaint and
granted leave to amend. ECF No. 3. The magistrate judge found the amended
complaint was also a shotgun complaint, and he issued a report and recommendation
suggesting dismissal. ECF No. 18. I have considered Morin’s objections de novo,
ECF No. 19, and I agree that the complaint is a shotgun complaint subject to
dismissal.

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Case 4:21-cv-00335-AW-MAF Document 20 Filed 01/07/22 Page 2 of 3

The magistrate judge also found there is judicial immunity as to the judge,
that Younger abstention and Heck v. Humphrey preclude relief, and that claims
against non-state actors (like the public defender) are not cognizable under § 1983.
ECF No. 18. Morin takes issue with these latter conclusions, saying “[t]he magistrate
judge has erred in his belief that this complaint had anything to do with what was
then a pending litigation.” ECF No. 19 at 2. If there is any confusion about what
Morin actually claims—and there is—it is because he has (twice) filed a shotgun
complaint, as the magistrate judge concluded. I therefore need not address the
magistrate judge’s conclusions about abstention, Heck, or whether certain aspects of
Morin’s claims are cognizable under § 1983. I will dismiss based solely on the fact
that Morin has filed a shotgun complaint. And because he was already alerted to the
deficiencies and given an opportunity to amend, this dismissal will be with prejudice.
It is now ORDERED:
1.

The Report and Recommendation (ECF No. 18) is adopted and

incorporated into this order to the extent it concludes dismissal is appropriate
because Morin filed a shotgun complaint.
2.

The clerk will enter a judgment that says, “This action is dismissed with

prejudice because Plaintiff filed a shotgun complaint.”
3.

The clerk will then close the file.

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Case 4:21-cv-00335-AW-MAF Document 20 Filed 01/07/22 Page 3 of 3

SO ORDERED on January 7, 2022.
s/ Allen Winsor
United States District Judge

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