Hollis v. Feeney, No. 2:2005cv00464 - Document 3 (M.D. Fla. 2005)

Court Description: OPINION AND ORDER dismissing 1 Complaint filed by David Hollis without prejudice with leave to amend the Complaint within 20 days and consistent with this Opinion and Order. The 2 Affidavit of Indigency is taken under advisement pending review. Signed by Judge John E. Steele on 10/3/2005. (RKM)

Download PDF

Hollis v. Feeney Doc. 3 Case 2:05-cv-00464-JES-DNF Document 3 Filed 10/03/2005 Page 1 of 4 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION DAVID HOLLIS, Plaintiff, vs. Case No. 2:05-cv-464-FtM-29DNF MATHEW FEENEY, Defendant. _____________________________________/ OPINION AND ORDER This matter comes before the Court on sua sponte on review of the Complaint (Doc. #1) for jurisdiction. Federal courts are courts of limited jurisdiction, and the court is required to inquire into its jurisdiction at the earliest possible point in the proceeding. Kirkland v. Midland Mortg. Co., 80 (11th Cir. 2001). 243 F.3d 1277, 1279- Jurisdiction may be established where the amount in controversy exceeds $75,000 exclusive of interests and costs and is between citizens of different States. 1332(a)(1). 28 U.S.C. § This Court also has original jurisdiction over cases arising under the U.S. Constitution and other federal laws. U.S.C. § 1331. 28 The Court may sua sponte dismiss a case for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(h)(3). See Jefferson Fourteenth Assocs. v. Wometco De Puerto Rico, Inc., 695 F.2d 524, 526 (11th Cir. 1983); California Diversified Promotions, Inc. v. Musick, 505 F.2d 278, 280 (9th Cir. 1974). Dockets.Justia.com Case 2:05-cv-00464-JES-DNF Document 3 Filed 10/03/2005 Page 2 of 4 Plaintiff alleges that defendant, the director of public services and an employee of the city of Fort Myers Beach, committed an offense under Fla. Stat. § 839.25(x). The only factual basis provided is that defendant committed an act as a public servant with corrupt intent to obtain a benefit for himself or another; that he caused unlawful harm to another by knowingly falsifying official records; and provided law enforcement with false and misleading information. Section 839.25 was repealed as of October 1, 2003, and therefore is no longer good law. statues is a criminal statute which Additionally, the allowed, prior prosecution by the State Attorney s Office only. to 2003, Therefore, the Court finds that the Complaint fails to allege a cause of action and must be dismissed. As plaintiff is proceeding pro se, the Court will take this opportunity to explain some of the responsibilities and obligations that he bears as a pro se party. should be afforded an The Court finds that plaintiff opportunity to amend the complaint to properly allege his claims and in doing so plaintiff should adhere to the following instructions. In filing an Amended Complaint, plaintiff must conform to the pleading requirements of Fed. R. Civ. P. 8 and 10 by providing a short, plain statement regarding the relief sought distinct, numbered paragraphs. Amended Complaint. and using The document should be entitled Plaintiff must state what rights under the Constitution, laws, or treaties of the United States have been -2- Case 2:05-cv-00464-JES-DNF violated. It is Document 3 improper for Filed 10/03/2005 Plaintiff to Page 3 of 4 merely list constitutional rights or federal rights and/or statutes. Plaintiff must provide support in the statement of facts for the claimed violations. Further, in the body of the Amended Complaint Plaintiff should clearly describe how each named defendant is involved in the alleged claim. Plaintiff must provide support in the statement of facts for the claimed violations. More than conclusory and vague allegations are required to state a cause of action. Plaintiff must also state which defendants are being sued for each particular count of the Amended Complaint. Accordingly, it is now ORDERED: 1. The Complaint (Doc. #1) is DISMISSED without prejudice with leave to amend the Complaint. 2. The Affidavit of Indigency (Doc. #2) is taken under advisement pending review of an Amended Complaint. 3. Plaintiff may file an Amended Complaint within TWENTY (20) DAYS of the date of this Opinion and Order in compliance with the instructions in this Opinion and Order. If no Amended Complaint is filed, the Court will close the case. DONE AND ORDERED at Fort Myers, Florida, this October, 2005. -3- 3rd day of Case 2:05-cv-00464-JES-DNF Document 3 Copies: U.S. Magistrate Judge Counsel of record -4- Filed 10/03/2005 Page 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.