Belilla v. Aragon et al
| Victor J. Belilla |
| Wendy Aragon and Lisvel Belilla |
| 8:2026cv01603 |
| May 29, 2026 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Kathryn Kimball Mizelle |
| Real Property: Other |
| 18 U.S.C. ยง 1030 Violation of Computer Fraud & Abuse Act |
| Plaintiff |
Docket Report
This docket was last retrieved on June 18, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JUDGMENT entered that this action is dismissed without prejudice. Signed by Deputy Clerk on 6/18/2026. (AW) |
| Filing 7 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (AW) |
Filing 6
ENDORSED ORDER dismissing the action without prejudice because the earlier Order 5 striking the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-22 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint." (citations omitted)). The Clerk is directed to ENTER JUDGMENT, which shall read "This action is dismissed without prejudice," TERMINATE any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 6/17/2026. (PBH)
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Filing 5
ENDORSED ORDER: Upon review, the Court finds that plaintiff's complaint (Doc. #1) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off. , 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, the plaintiff's complaint is "replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action," including allegations that the defendants "filed unauthorized UCC filings... for the amount of $733 million" and "manipulated my assets dividends, hacked my phone for years other family members involved (sic)." See id. at 1321-22. Although Plaintiff's civil cover sheet lists the basis for federal jurisdiction as the Computer Fraud and Abuse Act, see (Doc. [1-1]), the complaint does not list this federal statute, nor does it purport to list causes of action in specific counts. Additionally, Federal Rule of Civil Procedure 8(a) requires that a complaint include "a short and plain statement of the claim showing that the pleader is entitled to relief." The claims should also be stated "in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P. 10(a). Plaintiff's complaint satisfies neither requirement, and the Court cannot discern the purported cause of action or relevant factual allegations. Accordingly, the plaintiff's complaint is DISMISSED without prejudice, and the #2 Motion to Proceed In Forma Pauperis and the #3 Motion for Service of Process are DENIED as moot. Plaintiff is granted leave to file an amended complaint no later than June 15, 2026. If the plaintiff files an amended complaint, he must either pay the filing fee or file a motion to proceed in forma pauperis. Signed by Judge Kathryn Kimball Mizelle on 6/1/2026. (PBH)
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| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by Victor J. Belilla. Related case(s): No (Attachments: #1 Mailing Envelope)(AW) |
| Filing 3 MOTION for Service of Process by U.S. Marshal by Victor J. Belilla. (Attachments: #1 Mailing Envelope)(AW) |
| Filing 2 MOTION to Proceed In Forma Pauperis by Victor J. Belilla. (Attachments: #1 Mailing Envelope)(AW) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 1 COMPLAINT against Wendy Aragon, Lisvel Belilla with Jury Demand filed by Victor J. Belilla. (Attachments: #1 Civil Cover Sheet, #2 Cover Letter, #3 Proposed Summons, #4 Mailing Envelope)(AW) |
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