Roberts v. State Attorney et al, No. 2:2021cv00437 - Document 7 (M.D. Fla. 2021)
Court Description: OPINION AND ORDER dismissing Plaintiff's claim against "State Attorney". Plaintiff shall complete the enclosed form asserting only one of his remaining 2 claims by 9/6/2021. The Clerk is directed to terminate the State Attorney as a party to this case and send Plaintiff a blank civil rights form bearing the above-captioned case number and the title "Amended Complaint". Signed by Judge Sheri Polster Chappell on 8/16/2021. (KLM)
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Roberts v. State Attorney et al Doc. 7 Case 2:21-cv-00437-SPC-NPM Document 7 Filed 08/16/21 Page 1 of 3 PageID 41 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION WILLIAM WESLEY ROBERTS, Plaintiff, v. Case No: 2:21-cv-437-SPC-NPM STATE ATTORNEY, DAMIAM OSTERMEYER and DESOTO COUNTY JAIL, Defendants. / OPINION AND ORDER1 Plaintiff William Wesley Roberts—a pretrial detainee in DeSoto County Jail—filed a civil-rights Complaint (Doc. 1) under 42 U.S.C. § 1983. United States Magistrate Judge Nicholas Mizell granted him leave to proceed in forma pauperis, so the Court must review the Complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. See 28 U.S.C. 1915(e)(2). Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 1 Dockets.Justia.com Case 2:21-cv-00437-SPC-NPM Document 7 Filed 08/16/21 Page 2 of 3 PageID 42 Roberts’ Complaint is light on facts. Interpreting it liberally, he states three claims. First, Roberts accuses Damiam Ostemeyer of arresting him on false DUI manslaughter charges. Second, Roberts alleges the “State Attorneys continue over and over makeing [sic] the plaintiff spend time in jail.” (Doc. 1 at 6). And third, he sues DeSoto County Jail because he caught Covid-19 from another inmate “due to poor health support.” (Id.) Roberts seeks compensatory damages. Roberts’ second claim must be dismissed. Prosecutors enjoy immunity from allegations stemming from their function as advocates. Hart v. Hodges, 587 F.3d 1288, 1295 (11th Cir. 2009). Roberts’ two remaining claims cannot be joined together in a single action because they do not arise out of the same transaction or occurrence. Fed. R. Civ. P. 20(a)(2). “A plaintiff may set forth only related claims in one civil rights complaint.” Rosado v. Nichols, Case No. 2:18-cv-195-JES-MRM, 2017 WL 1476255, at *6 (M.D. Fla. 2017). As the Seventh Circuit observed, “multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different defendants belong in different suits[.]” George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). If Roberts wants to assert multiple unrelated claims, he must do so in separate actions. Accordingly, it is now ORDERED: 2 Case 2:21-cv-00437-SPC-NPM Document 7 Filed 08/16/21 Page 3 of 3 PageID 43 (1) Roberts’ claim against “State Attorney” is DISMISSED. The Clerk is DIRECTED to terminate State Attorney as a party to this case. (2) Roberts shall complete the enclosed form—asserting only one of his two remaining claims—and return it to the Court no later than September 6, 2021. Failure to do so may result in dismissal of this action without further notice. (3) The Clerk of the Court is DIRECTED to send Roberts a copy of this Order and a blank civil rights complaint form bearing the abovecaptioned case number and the title “Amended Complaint.” DONE and ORDERED in Fort Myers, Florida on August 16, 2021. SA: FTMP-1 Copies: All Parties of Record 3
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