Alexander Justin McAfee v. State of Florida Attorney General, et al.

McAfee · United States District Court for the Middle District of Florida, Tampa Division · December 9, 2025 · No. 8:25-cv-2666-KKM-TGW

Summary

The United States District Court for the Middle District of Florida adopts a magistrate judge’s Report and Recommendation and dismisses Alexander Justin McAfee’s complaint with leave to amend. The court finds that the complaint is a shotgun pleading that fails to comply with Federal Rules of Civil Procedure 8 and 10 and does not establish that venue is proper in the Tampa Division. The court permits McAfee to file an amended complaint by December 23, 2025, warning that failure to amend or filing another shotgun pleading will result in dismissal.

Holdings

  1. The complaint was a shotgun pleading that failed to comply with Rules 8 and 10 because it required the court and defendants to sift through irrelevant information to determine what was material to the claims.
  2. The complaint failed to demonstrate that venue in the Middle District of Florida was appropriate because the events giving rise to the claims occurred in Gainesville, Florida.
  3. The district court may adopt a magistrate judge's Report and Recommendation after reviewing the factual allegations and legal conclusions when no timely objection is filed.

Questions Presented

  1. Whether the complaint was an impermissible shotgun pleading that failed to comply with Federal Rules of Civil Procedure 8 and 10.
  2. Whether the complaint demonstrated that venue was proper in the Middle District of Florida.
  3. Whether the district court should adopt the magistrate judge's Report and Recommendation in the absence of objections.

Disposition

dismissed

Cases Cited (3)

  • Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992)(followed)
  • Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994)(followed)
  • Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019)(followed)

Cited In (0)

No citing cases on record yet.

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