Daniel v. City of Tampa, Florida et al
| Anthony Mark Daniel |
| City of Tampa, Florida, Alan Clendenin, Ferdindand Barbosa, Joshua Bousquet, Travis Wilson, TPD Officer O'Connor, TPD Officer Dausch and John/Jane Does 1-5 |
| 8:2026cv03021 |
| October 5, 2026 |
| U.S. District Court for the Middle District of Florida |
| Lindsay S Griffin |
| Kathryn Kimball Mizelle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 9, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 4
ENDORSED ORDER: Upon review, the Court finds this 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, counts two through six improperly "incorporate[] and adopt[] by reference the allegations in" the previous counts thus "causing each successive count to carry all that came before and the last count to be a combination of the entire complaint." See id. at 1321. The Court also notes that the complaint lists up to five unnamed "John Doe" and "Jane Doe" defendants. Should the plaintiff wish to keep such defendants in any amended complaint, the plaintiff must show why the complaint should not be dismissed as to the unnamed parties. See Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010) ("As a general matter, fictitious-party pleading is not permitted in federal court."). To sue an unnamed party, the complaint must describe the unnamed defendants with enough specificity to enable service of process. See Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992). Accordingly, the plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend the complaint no later than October 27, 2026. The plaintiff's motion to proceed in forma pauperis (Doc. #2) is DENIED without prejudice as moot. If the plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 10/9/2026. (DRD)
|
| Filing 3 NOTICE to Anthony Mark Daniel - 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. (KCH) |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Anthony Mark Daniel. (KCH) Motions referred to Magistrate Judge Lindsay S. Griffin. |
| Filing 1 COMPLAINT against Ferdindand Barbosa, Joshua Bousquet, City of Tampa, Florida, Alan Clendenin, Dausch, John/Jane Does 1-5, O'Connor, and Travis Wilson with Jury Demand filed by Anthony Mark Daniel.(KCH) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
