Johnson v. Brooks et al

Middle District of Florida, flmd-8:2017-cv-01384

ORDER overruling {{8}} --objections; adopting {{7}} --REPORT AND RECOMMENDATIONS; denying {{2}} --motion for leave to proceed in forma pauperis; dismissing the action; directing the clerk to CLOSE the case. Signed by Judge Steven D. Merryday on 8/9/2017. (BK)

Interested in this case?

Current View

Full Text

PageID 42 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LELAND R. JOHNSON, Plaintiff, v. CASE NO. 8:17-cv-1384-T-23MAP KEVIN BROOKS, et al., Defendants. ____________________________________/ ORDER Appearing pro se, the plaintiff sues (Doc. 6) under Section 1983 a "cook at Golden Coral," the "Polk County Sheriff," Attorney General Pam Bondi, and the Lakeland Police Department. The amended complaint alleges that the Golden Corral cook "used. . . my utility bill to become me" (Doc. 6 at 3), that the cook's "mother work[s] for the sheriff dept [s]o the defendant was known by the agency" (Doc. 6 at 4), that the "state d[e]stroyed public record on this matter" (Doc. 6 at 4), and that "the incident happen[ed] in 3/9/1994." (Doc. 6 at 4) The plaintiff requests $12.5 million "to pay for having my name in the[] system for 25 years." (Doc. 6 at 4) In a thorough report, Magistrate Judge Pizzo recommends (Doc. 7) dismissing the action for frivolity and for failure to state a claim. In a one-page paper, Johnson objects (Doc. 8) because "my evidence is proof [and] my confusing allegations is supported by fact," but Johnson fails to identify facts sufficient to state a claim PageID 43 against any of the defendants. The objection (Doc. 8) is OVERRULED, the report and recommendation (Doc. 7) is ADOPTED, the motion (Doc. 2) for leave to proceed in forma pauperis is DENIED, and the action is DISMISSED. The clerk is directed to close the case. ORDERED in Tampa, Florida, on August 9, 2017. -2-