Wright v. City of Tampa Public Works et al

Middle District of Florida, flmd-8:2016-cv-03018

REPORT AND RECOMMENDATIONS re {{2}} MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Martinez W. Wright. Signed by Magistrate Judge Amanda Arnold Sansone on 12/22/2016. (KMG)

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PageID 58 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARTINEZ W. WRIGHT, Plaintiff, v. Case No.: 8:16-cv-3018-T-36AAS CITY OF TAMPA PUBLIC WORKS, CALVIN JOHNSON, JAMES T. HARGRETT, and CITY OF TAMPA CONTRACT ADMINISTRATION Defendants. _____________________________________/ REPORT AND RECOMMENDATION Before the Court is pro se Plaintiff's Affidavit of Indigency (Doc. 2), which the Court construes as a motion for leave to proceed in forma pauperis.1 On November 14, 2016, upon review of Plaintiff's Complaint (Doc. 1), the Court deferred ruling on Plaintiff's request to proceed in forma pauperis. (Doc. 6). The Court ordered Plaintiff to file an amended complaint that invokes this Court's jurisdiction, states a cognizable claim, and complies with the Federal Rules of Civil Procedure. (Id.). Plaintiff thereafter timely filed an amended complaint (Doc. 7). However, Plaintiff's Amended Complaint (Doc. 7) does not remedy the deficiencies the Court identified in its November 14th Order. The Amended Complaint, again, fails to contain "a short and plain statement of the grounds for the court's jurisdiction." Fed. R. Civ. P. 8(a)(1). 1 The motion has been referred to the undersigned for disposition or a Report and Recommendation (Doc. 2). See 28 U.S.C. § 636(b); Local Rules 6.01(b) and (c), M.D. Fla. 1 PageID 59 Additionally, the Amended Complaint, which purportedly seeks punitive damages for claims of fraud, oppression and malice, vaguely describes a code enforcement dispute related to a post placed on Plaintiff's property and a threatened arrest, and then refers generally to first amendment rights on public and private property. (Doc. 7 at 2-4). The Amended Complaint also attaches, without explanation, miscellaneous records with hand written annotations, a portion of a newspaper article about a state court judge, various property tax-related documents, a probate document, a property description, a photo of the property, a Hillsborough County Judgment Certificate of Delinquency, instructions for filing a right-of-way vacating petition, part of a letter from the City of Tampa regarding a code violation, a handwritten note that Plaintiff's previous attorney became a state court judge, and part of what appears to be a Tampa Police Department memorandum with the subject "Service Related Inquiry 09S-020." (id. at 5-21). Upon review, nothing in the Amended Complaint alleges sufficient facts to state a claim that invokes the Court's jurisdiction or to state a claim upon which relief may be granted. See Fed. R. Civ. P. 12(b)(1), (6). Accordingly, and upon consideration, it is RECOMMENDED that: (1) Plaintiff's construed Motion For Leave to Proceed In Forma Pauperis (Doc. 2) be DENIED; and (2) Plaintiff's Amended Complaint (Doc. 7) be DISMISSED for lack of jurisdiction and for failure to state a claim. DONE AND ORDERED in Tampa, Florida on this 22nd day of December, 2016. 2