Rushing v. Highlands County Circuit Court, State of Florida
| Shawn Rushing and Shaun Rushing |
| Highlands County Circuit Court, State of Florida |
| 2:2021cv14202 |
| May 11, 2021 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
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| Filing 5 Clerk's NOTICE of Compliance re 4 Order Dismissing Case, copy of Order and Complaint Form sent to Plaintiff. (pcs) |
Filing 4
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On May 11, 2021, Plaintiff, proceeding pro se, filed a Complaint against the Highlands County Circuit Court for the State of Florida. #1 . Plaintiff's Complaint states that his due process rights were violated "because of the circumstance[s]," and he seeks a "suit of due process" and "110 trillion for each of the 70 cases [in which he] has been denied due process." See generally id. "Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed." See Rodriguez v. Scott, 775 F. App'x 599, 602 (11th Cir. 2019) (quoting Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998)). When read liberally, a pro se pleading "should be interpreted 'to raise the strongest arguments that [it] suggest[s].'" Graham v. Henderson, 89 F.3d 75, 79 (2d Cir. 1996) (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994)). However, a district court is not required to "rewrite an otherwise deficient pleading in order to sustain an action." Rodriguez, 794 F. App'x at 603 (quoting Campbell v. Air Jamaica Ltd., 760 F.3d 1165, 1169 (11th Cir. 2014) (citation and internal quotation marks omitted). Moreover, a district court "should not abandon its neutral role and begin creating arguments for a party, even an unrepresented one." Sims v. Hastings, 375 F. Supp. 2d 715, 718 (N.D. Ill. 2005) (citing Anderson v. Hardman, 241 F.3d 544, 545 (7th Cir. 2001)). Pro se litigants, like all litigants, must comply with procedural rules, including the Federal Rules of Civil Procedure and the Local Rules for the Southern District of Florida. Here, Plaintiff's one-page Complaint is deficient in several respects. See generally #1 . The Complaint includes no facts to support a due process claim, or any claim for that matter; the Complaint includes no basis for jurisdiction in this Court; and the Complaint fails to satisfy the pleading requirements set forth in Rules 8(a) and 10 of the Federal Rules of Civil Procedure. See generally id.; Fed. R. Civ. P. 8(a), 10. Thus, the Court must dismiss the Complaint. UPON CONSIDERATION of the Complaint #1 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff may, if he so chooses, file an amended complaint that complies with the Federal Rules of Civil Procedure within twenty-one (21) days of the date of this Order. The Clerk of Court is INSTRUCTED to (1) administratively CLOSE this case, and (2) mail Plaintiff a copy of this Order along with the form complaint. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 5/13/2021. (hwr)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Shawn Rushing. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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 Highlands County Circuit Court, State of Florida. Filing fees $ 402.00. IFP Filed, filed by Shawn Rushing.(pcs) |
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