Bell v. Duke Energy et al
| Curtina Adorn Bell |
| Duke Energy, Sheriff Bob Gualtieri and Robert Alexander Glen |
| 8:2026cv01855 |
| June 25, 2026 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Thomas G Wilson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| 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). (RPB) |
| Filing 6 JUDGMENT dismissing case without prejudice. ( Signed by Deputy Clerk) (RPB) |
Filing 5
ENDORSED ORDER: Upon review, the Court finds that the amended complaint (Doc. #4) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). The complaint "is guilty of the venial sin of being replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action." Id. at 1321-22. The vague and conclusory allegations in the complaint do not provide defendants sufficient notice as to the nature of the claims and the facts upon which they are based. See Jackson v. Bank of America, N.A., 898 F.3d 1348,1358 (11th Cir. 2018) ("The pleading is vague and ambiguous such that [the defendants have] to guess as to... the facts upon which [the plaintiff relies] in support.") (quotation omitted). The Court's previous order dismissing the original complaint as a shotgun pleading warned that if the plaintiff filed another shotgun pleading, the action would be dismissed without further notice. Further, the complaint asserts only two "personal injury" claims, which are properly construed as state law negligence claims, and there is not complete diversity. The plaintiff resides in Pinellas County, Florida, and defendant Bob Gualtieri is the Sheriff of Pinellas County, Florida. Accordingly, the plaintiff's action is DISMISSED without prejudice. The clerk is directed to ENTER JUDGMENT, which shall read "This case is dismissed without prejudice." The clerk is directed to TERMINATE any pending motions and CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 7/16/2026. (GTD)
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| Filing 4 AMENDED COMPLAINT against Bob Gualtieri with Jury Demand. Terminating Anthony Halloway (Chief of Police) and Shannon Halstead filed by Curtina Adorn Bell. Related document: #1 Complaint filed by Curtina Adorn Bell. (Attachments: #1 Exhibit)(EGP) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds that the 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). The complaint "is guilty of the venial sin of being replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action." Id. at 1321-22. 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 vague, conclusory, and sometimes illegible allegations in the complaint do not provide defendants sufficient notice as to the nature of the claims and the facts upon which they are based. See Jackson v. Bank of America, N.A., 898 F.3d 1348,1358 (11th Cir. 2018) ("The pleading is vague and ambiguous such that [the defendants have] to guess as to... the facts upon which [the plaintiff relies] in support.") (quotation omitted). The complaint also improperly fails to separate into different counts each of the plaintiff's causes of action. See id. at 1322-23 ("The third type of shotgun pleading is one that commits the sin of not separating into a different count each cause of action or claim for relief."). Further, the claims should be stated "in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P. 10(a). The complaint does not comply with Rule 10(a). Accordingly, the complaint is DISMISSED, and the plaintiff is granted leave to amend her complaint no later than July 13, 2026. Should the plaintiff file an amended complaint, she should take care to ensure that the entire complaint is legible. If the plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice and the motion to proceed in forma pauperis will be denied (Doc. #2). Signed by Judge Kathryn Kimball Mizelle on 6/29/2026. (GTD)
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| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Curtina Adorn Bell. (CTR) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 1 COMPLAINT against Duke Energy, Robert Alexander Glen, Bob Gualtieri, Anthony Halloway, Shannon Halstead with Jury Demand filed by Curtina Adorn Bell. (Attachments: #1 Exhibit)(CTR) |
| NOTICE to Curtina Adorn Bell - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked #here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers (copy of consent program information sheet provided). (CTR) |
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