4:26-cv-00103•DREW v. SMITH et al
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Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION CHARLIE LEE DREW, Plaintiff, vs. Case No. 4:26cv103-MW-MAF A.J. SMITH, and FRANKLIN COUNTY, Defendants. ___________________________/ REPORT AND RECOMMENDATION Plaintiff, proceeding pro se, was granted leave to proceed in forma pauperis, ECF No. 7, and directed to filed a second amended complaint, ECF No. 8. Plaintiff then filed another in forma pauperis motion, ECF No. 10, which was denied as moot, ECF No. 11, although still missing was Plaintiff’s signed Prisoner Consent Form. Plaintiff has now filed that form, ECF No. 13, as required. He also filed another motion for in forma pauperis status, ECF No. 15, which is again denied as moot. In addition, Plaintiff was directed to file a third amended complaint. ECF No. 11. Plaintiff did so on April 13, 2026, ECF No. 12, followed by a Case 4:26-cv-00103-MW-MAF Document 18 Filed 04/23/26 Page 1 of 6
Page 2 of 6 fourth amended complaint, ECF No. 14, on April 14th, and a fifth amended complaint, ECF No. 17, on April 22, 2026. Because an amended complaint completely replaces an earlier version of a complaint, only Plaintiff’s fifth amended civil rights complaint has been reviewed. The fifth amended complaint, ECF No. 17, does not correct the deficiencies previously identified to Plaintiff. See ECF No. 8 at 1-2, and ECF No. 11 at 2-3. Plaintiff has once again failed to provide factual allegations to support his claims. For example, Plaintiff has not provided factual allegations which support or explain the basis for his claims. ECF No. 17 at 6. Instead, Plaintiff has made conclusory assertions such as - “due process of law 5th [Amendment].” Id. Plaintiff also asserted, “Each defendant violated the above right” and “[e]ach defendant failed to let Plaintiff out of [custody] when they each knew Plaintiff should not have been in [custody].” Id. Those are the identical allegations Plaintiff previously provided, see ECF No. 9 at 6, which he was told were insufficient. ECF No. 11. To be clear, those are conclusory assertions which fail to state a claim because those brief and vague statements fail to demonstrate how, when, where, or why his due process rights were violated. Case No. 4:26cv103-MW-MAF Case 4:26-cv-00103-MW-MAF Document 18 Filed 04/23/26 Page 2 of 6
Page 3 of 6 A claim must be supported by facts which provide the basis for the asserted violation. The facts need not be lengthy; indeed Rule 8 states only that there must be “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Plaintiff’s claims do not provide suffice notice to the Defendants of the facts which support his claims. In addition, Plaintiff asserts he has been “kept in custody for a period of 10 months without justification.” ECF No. 17 at 6. That is similar to his assertion earlier that he has been “kept in custody for no legal reason” for ten months. See ECF No. 9 at 6. Again, no facts have been alleged which demonstrate how or why the Sheriff (or Franklin County) is responsible for Plaintiff’s detention. As explained to Plaintiff in the prior Order, the reality is that the Sheriff is required to detain a person who has been arrested until a state court order permits release and, if applicable, bond is posted. The Court takes judicial notice that in case number 250000244FRAXMX, 1 bond was set for Plaintiff (the state court defendant) in the amount of $3,500.00 at his 1 Plaintiff was charged with possession of a controlled substance and possession of drug paraphernalia. Case No. 4:26cv103-MW-MAF Case 4:26-cv-00103-MW-MAF Document 18 Filed 04/23/26 Page 3 of 6
Page 4 of 6 First Appearance on October 13, 2025. ECF No. 15 of that case. Additionally, bond was also set in case number 25000245CFAXMX in the amount of $2,500.00. ECF No. 13 of that case. Judicial notice is further taken that Plaintiff is also facing criminal charges for driving while license suspended or revoked and not having a motorcycle endorsement in case number 25-139CT. An Order was entered on October 13, 2025, revoking Plaintiff’s pretrial release in that case based on the court’s finding of probable cause that Plaintiff (“the Defendant”) “committed a new crime while on pretrial release in the instant case.” (ECF No. 26 of that case). As Plaintiff was informed in the prior Order, if Plaintiff contends he is entitled to release, “he must demonstrate that he has posted bond and otherwise explain his claim that he is held unlawfully in the Franklin County Jail.” ECF No. 11. Plaintiff has not done so. Plaintiff has not shown that he posted bond. Indeed, Plaintiff failed to address that issue at all. Instead, Plaintiff has continued to make the same conclusory and unsupported assertion that he was previously informed was insufficient. This Court’s prior Order advised Plaintiff that he would be provided one “final opportunity . . . to file a viable complaint.” ECF No. 11. Because Plaintiff has been given several opportunities to file a proper complaint, it Case No. 4:26cv103-MW-MAF Case 4:26-cv-00103-MW-MAF Document 18 Filed 04/23/26 Page 4 of 6
Page 5 of 6 does not appear that further chances would be beneficial. This case should be dismissed for failure to state a claim. RECOMMENDATION It is respectfully RECOMMENDED that Plaintiff’s fifth amended complaint, ECF No. 17, be DISMISSED for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2), that all pending motions be DENIED as moot, and that the Order adopting this Report and Recommendation direct the Clerk of Court to note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IN CHAMBERS at Tallahassee, Florida, on April 23, 2026. S/ Charles A. Stampelos2 CHARLES A. STAMPELOS UNITED STATES MAGISTRATE JUDGE 2 Magistrate Judge Stampelos has signed this Order during the temporary absence of Magistrate Judge Martin A. Fitzpatrick who was assigned to this case. Case No. 4:26cv103-MW-MAF Case 4:26-cv-00103-MW-MAF Document 18 Filed 04/23/26 Page 5 of 6
Page 6 of 6 NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party waives the right to challenge on appeal the District Court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case No. 4:26cv103-MW-MAF Case 4:26-cv-00103-MW-MAF Document 18 Filed 04/23/26 Page 6 of 6
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