Taylor v. Secretary, US Department of Homeland Security
| Marcia Taylor |
| Secretary, US Department of Homeland Security |
| 1:2023cv21354 |
| April 10, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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Filing 6
PAPERLESS ORDER dismissing case without prejudice in light of the Court's Order on April 11, 2023, dismissing the #1 Complaint. The Court gave Plaintiff twenty (20) days from the date of the Order to file an Amended Complaint. However, Plaintiff failed to do so. Accordingly, this case is DISMISSED and CLOSED. Signed by Judge Darrin P. Gayles on 5/2/2023. (mja)
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Filing 5
PAPERLESS ORDER dismissing without prejudice Plaintiff's #1 Complaint. Plaintiff's Complaint is a shotgun pleading because multiple counts improperly incorporate allegations from other counts. Weiland v. Palm Beach Cnty. Sheriffs Off., 792 F.3d 1313, 1320-21 (11th Cir. 2015). Counts II - VII incorporate the preceding paragraphs, "leading to a situation where most of the counts (i.e., all but the first) contain irrelevant factual allegations and legal conclusions." Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002); Magluta v. Samples, 256 F.3d 1282, 1284 (11th Cir. 2001). This is a technical, yet significant, error which requires dismissal. Shotgun complaints make it "virtually impossible to know which allegations of fact are intended to support which claim(s) for relief." Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996). As such, shotgun complaints are routinely condemned by the Eleventh Circuit. Plaintiff may file an Amended Complaint within twenty (20) days of this Order. Plaintiff's #3 Motion for Leave to Proceed in forma pauperis is denied as moot. Signed by Judge Darrin P. Gayles on 4/11/2023. (mja)
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| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) Marcia Taylor to receive Notices of Electronic Filing at email address: marciataylor1@gmail.com (pcs) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Marcia Taylor. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (pcs) |
| Filing 1 COMPLAINT against Secretary, US Department of Homeland Security. Filing fees $ 402.00. IFP Filed, filed by Marcia Taylor. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(pcs) |
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