BENNETT v. CLARK et al
ORDER ACCEPTING REPORT AND RECOMMENDATION re adopting 6 Report and Recommendation. The Clerk shall enter judgment stating, "Plaintiff's first amended complaint is DISMISSED without prejudice for failure to comply with Federal Rule of Civil Procedure 8(a)." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 1/19/2023. (jcw)
Case 5:22-cv-00128-MW-MJF Document 8 Filed 01/19/23 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
SHICORA D. BENNETT,
Case No.: 5:22cv128-MW/MJF
CORRINE CLARK, et al.,
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge’s Report
and Recommendation, ECF No. 6, and has also reviewed de novo Plaintiff’s
objections, ECF No. 7.
Plaintiff raises three objections, but none of them help her claim. First, Federal
Rule of Civil Procedure 8(e)’s direction for Courts to construe pleadings “so as to
do justice” does not override (1) Rule 8(a)(2)’s requirement that a complaint contain
a plain statement showing an entitlement to relief or (2) this Court’s obligation to
strike shotgun pleadings, see Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295
(11th Cir. 2018). Second, Rule 15(a)(2)’s recommendation for courts to grant leave
to amend “when justice so requires” carries little weight here because the Magistrate
Judge already afforded Plaintiff a chance to amend her shotgun pleading—along
Case 5:22-cv-00128-MW-MJF Document 8 Filed 01/19/23 Page 2 of 3
with detailed instructions on how to remedy its defects. See ECF No. 4. Plaintiff
failed to follow the Magistrate Judge’s clear and detailed instructions, squandering
her opportunity to amend. And third, Plaintiff’s insistence that she be allowed to
amend her complaint a second time because her claims are “meritorious” is
misplaced. This Court is obligated to afford Plaintiff at least one opportunity to
amend a shotgun pleading before dismissing the case with prejudice. See Vibe Micro,
Inc., 878 F.3d at 1295; see also Isaac v. United States, 809 F. App’x 595, 599 (11th
Cir. 2020) (unpublished) (“While this Court said that Vibe Micro applied to
counseled parties, there is no indication that it would not apply to pro se litigants,
especially since pro se parties are entitled to more leniency.”). The Magistrate Judge
complied with this obligation, and even stopped short of imposing the severe remedy
of dismissal with prejudice, instead opting to recommend dismissal without
prejudice. This Court finds no reason to depart from the Magistrate Judge’s wellreasoned report and recommendation. Accordingly,
IT IS ORDERED:
1. The report and recommendation, ECF No. 6, is accepted and adopted,
over the Plaintiff’s objections, as this Court’s opinion.
2. The Clerk shall enter judgment stating, “Plaintiff’s first amended
complaint is DISMISSED without prejudice for failure to comply with
Federal Rule of Civil Procedure 8(a).”
Case 5:22-cv-00128-MW-MJF Document 8 Filed 01/19/23 Page 3 of 3
3. The Clerk shall close the file.
SO ORDERED on January 19, 2023.
s/Mark E. Walker
Chief United States District Judge
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