Peddler-Journigan v. Florida Department of Corrections
| Eugenie Peddler-Journigan |
| Secretary Florida Department of Corrections |
| 1:2018cv25075 |
| December 4, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Andrea M Simonton |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| None |
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Filing 4
PAPERLESS ORDER. THIS CAUSE is before the Court upon Plaintiff's pro se Motion to Proceed In Forma Pauperis. #3 . Plaintiff has not paid the required filing fee, thus triggering the screening provisions of 28 U.S.C. 1915(e). Pursuant to 1915(e), the court shall dismiss the case at any time if the Court determines that the action (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief. A pro se litigant is entitled to the courts liberal construction of the Complaint. Haines v. Kerner, 404 U.S. 519, 52021 (1972). Section 1915(e)(2)(B)(ii) mirrors the language of Federal Rule of Civil Procedure 12(b)(6) and courts apply the same standard in both contexts. Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir. 1997). Thus, the Complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Here, Plaintiff brings a wrongful termination action against Defendant, but provides neither a basis for jurisdiction nor a statute pursuant to which his cause of action is based. Plaintiff's Complaint #1 includes only one assertion that describes his entire cause of action: "Wrongful termination on false allegations after filing a sexual harassment complain[t]." This statement is plainly insufficient, even if accepted as true, to plausibly allege a claim for relief against Defendant. Accordingly, UPON CONSIDERATION of the Motion #3 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion to Proceed In Forma Pauperis #3 is hereby DENIED and Plaintiff's Complaint #1 DISMISSED WITHOUT PREJUDICE for failure to state a claim. The Clerk of Court is instructed to CLOSE this case. The Clerk of Court is further instructed to mail a copy of this Order to Plaintiff's address of record. Signed by Chief Judge K. Michael Moore on 12/4/2018. (osk)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Eugenie Peddler-Journigan. (vmz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (vmz) |
| Filing 1 COMPLAINT For A Civil Case against Florida Department of Corrections. Filing fees $ 400.00. IFP Filed, filed by Eugenie Peddler-Journigan. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(vmz) |
| Civil Case Terminated. Closing Case. (osk) |
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| Defendant: Secretary Florida Department of Corrections | |
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| Plaintiff: Eugenie Peddler-Journigan | |
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