William Gilbert v. Everglades Correctional Institution, et al.

Summary

The United States District Court for the Southern District of Florida dismisses William Gilbert’s prisoner civil-rights complaint without prejudice because it is an impermissible shotgun pleading and fails to comply with pleading requirements. The court grants leave to amend, denies the in forma pauperis motion as insufficient for lack of a certified six-month account statement, denies appointment of counsel as moot, and administratively closes the case subject to reopening if an amended complaint survives screening.

Holdings

1. The complaint violated Federal Rules of Civil Procedure 8(a)(2) and 10(b) because it failed to separate distinct causes of action into separate counts, lumped multiple defendants together without specifying each defendant's alleged conduct, and presented facts in an unbroken paragraph rather than numbered paragraphs.
2. The complaint was dismissed without prejudice, and Gilbert was granted leave to file an amended complaint correcting the pleading defects.
3. The motion to proceed in forma pauperis was legally insufficient because Gilbert did not submit the required certified account statement for the six-month period preceding the filing of the complaint.
4. The motion for appointment of counsel was denied as moot.

Questions Presented

1. Whether the complaint complied with Federal Rules of Civil Procedure 8(a)(2) and 10(b), or instead constituted an impermissible shotgun pleading.
2. Whether the complaint should be dismissed without prejudice and Gilbert granted leave to amend.
3. Whether Gilbert's motion to proceed in forma pauperis was legally sufficient under 28 U.S.C. § 1915(a).
4. Whether the motion for appointment of counsel should be granted.

Disposition

dismissed