3:25-cv-01325•JACKSON v. PERKINS et al
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Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DAUVIEL JACKSON, Plaintiff, v. Case No. 3:25cv1325-AW-HTC K. PERKINS, et al., Defendants. _____________________/ REPORT AND RECOMMENDATION Plaintiff Dauviel Jackson, a prisoner proceeding pro se and in forma pauperis, has filed a second amended civil rights complaint under 42 U.S.C. § 1983. Doc. 23. After reviewing the second amended complaint, the undersigned concludes it should be DISMISSED without prejudice because it is a shotgun pleading. I. Background Jackson initiated this action by filing a 31-page complaint on August 1, 2025, that: (1) named approximately 60 Santa Rosa Correctional Institution (“SRCI”) employees as Defendants; (2) contained allegations about a variety of incidents that occurred at SRCI between March 2023 and May 2025; and (3) brought at least 45 claims related to those incidents. Doc. 1. The Court screened the complaint and, on October 29, 2025, issued an order that identified a non-exhaustive list of the complaint’s deficiencies. See Doc. 15 (noting the complaint was partially illegible, Case 3:25-cv-01325-AW-HTC Document 24 Filed 01/29/26 Page 1 of 6
Page 2 of 6 Case No. 3:25cv1325-AW-HTC improperly joined claims, and failed to include factual allegations that supported retaliation, due process, or deliberate indifference claims). The Court gave Jackson an opportunity to file an amended complaint and advised him that, among other things, a complaint must “contain a short and plain statement of the claim showing that the pleader is entitled to relief.” Id. On December 2, 2025, Jackson filed the amended complaint. Doc. 19. The Court screened the amended complaint, informed Jackson that most of the claims it raised were not viable, and gave Jackson an opportunity to submit a second amended complaint. Doc. 20. On December 29, 2025, Jackson filed the second amended complaint. Doc. 23. II. Discussion Jackson’s second amended complaint should be dismissed without prejudice because it is a shotgun pleading. The second amended complaint fails to separate “into a different count each cause of action or claim for relief,” see Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1322-23 (11th Cir. 2015), and it “is so disorganized and ambiguous that it is almost impossible to discern precisely what it is that [Jackson is] claiming,” see Cramer v. Florida, 117 F.3d 1258, 1261 (11th Cir. 1997). Specifically, the numbered paragraphs in Jackson’s Statement of Facts— some of which are a page long—are each associated with a numbered paragraph in Case 3:25-cv-01325-AW-HTC Document 24 Filed 01/29/26 Page 2 of 6
Page 3 of 6 Case No. 3:25cv1325-AW-HTC the Statement of Claims that lists a variety of purported regulatory and constitutional violations, but the reader cannot tell which facts support which claims. For example, paragraph 2 of the Statement of Facts includes allegations regarding: (1) Jackson’s complaints about being given a new and purportedly dangerous cellmate; (2) Jackson being forcibly moved into his cell with that new cellmate; (3) Jackson receiving disciplinary reports for battery and disobeying an order; (4) a Defendant being motivated to write a disciplinary report because his wife was pushed over; and (5) Jackson getting into an altercation with the new cellmate and being placed on close management. Based on these varied allegations, paragraph 3 in the Statement of Claims states in part: “Ofc. A Gerencser: 8 th , 1 st Amendment, 601.800, 208.002(12)(19)(22)(26)(1), 33.404 act uncolor of state law, deliberate indifference, 208.003 – C. Cattnach: 1 st , 8 th Amendment, 208.002(1)(8)(12)(19)(26), act uncolor of state law 601.800.”1 Likewise, based on 1 The Court previously told Jackson that violations of FDOC regulations do not amount to constitutional violations, and such regulations “are not intended to confer rights or benefits on inmates but are merely designed to guide correctional officials in the administration of prisons.” Doc. 20 at 7. Nevertheless, the Statement of Facts and the Statement of Claims in the second amended complaint are still littered with allegations that the Defendants violated FDOC regulations. Jackson’s failure to heed the Court’s instructions when amending his complaint also supports the dismissal of this case without prejudice. See Bell v. Fla. Highway Patrol, 476 F. App’x 856, 857 (11th Cir. 2012) (affirming dismissal of complaint when “the district court provided [plaintiff] with instructions in its order dismissing her second amended complaint” but her “third amended complaint failed to comply with these detailed instructions regarding how to plead claims and which claims to present”); Ussery v. Roundtree, 2022 WL 2101338, at *1 (S.D. Ga. June 10, 2022) (“[T]he Eleventh Circuit has affirmed the dismissal of a pro se complaint where a plaintiff fails to heed the pleading instructions from the court regarding re-drafting the complaint.”) (citing Taylor v. Spaziano, 251 F. App’x 616, 620-21 (11th Cir. 2007)). Case 3:25-cv-01325-AW-HTC Document 24 Filed 01/29/26 Page 3 of 6
Page 4 of 6 Case No. 3:25cv1325-AW-HTC the allegations in paragraph 3 of the Statement of Facts, paragraph 3 in the Statement of Claims states: “T. Allender: 601.307, 601.308, 208.002(1)(8)(26), 601.304, 1 st , 5 th , 8 th , 14 th Amendment, act uncolor of state law, 33.601.305.” Doc. 23 at 13. By presenting his claims this way, Jackson has made it impossible for the Court and the Defendants to determine which allegations in the Statement of Facts support which claims in the Statement of Claims. See Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1359 n.9 (11th Cir. 1997) (finding a complaint was a shotgun pleading because “a reader of the complaint must speculate as to which factual allegations pertain to which count”); Bickerstaff Clay Prods. Co., Inc. v. Harris Cnty., 89 F.3d 1481, 1484 (11th Cir. 1996) (“The complaint is a typical shotgun pleading, in that some of the counts present more than one discrete claim for relief.”); Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996) (complaint was “a perfect example of ‘shotgun’ pleading” because “it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief”). And the Court cannot “rewrite an otherwise deficient pleading in order to sustain an action.” Hickman v. Hickman, 563 F. App’x 742, 743 (11th Cir. 2014) (citation omitted); see also Salas v. Nichols, 2017 WL 2834061, at *1 (N.D. Cal. June 30, 2017) (“the Court simply does not have the resources to scour the complaint … and organize the allegations contained therein in order to perform its screening duty under § 1915A and identify all cognizable claims”); Foster v. Case 3:25-cv-01325-AW-HTC Document 24 Filed 01/29/26 Page 4 of 6
Page 5 of 6 Case No. 3:25cv1325-AW-HTC Select Med. Corp., Inc., 2012 WL 1415499, at *11 (M.D. Fla. Apr. 24, 2012) (“The Court will no longer guess Plaintiff’s intentions and will not scour the Complaint for facts to support each claim.”). Thus, Jackson’s second amended complaint violates the Federal Rules of Civil Procedure because it fails “to give the defendants adequate notice of the claims against them and the grounds upon which each claim rests.” Weiland, 792 F.3d at 1323; see also Sledge v. Goodyear Dunlop Tires N. Am., Ltd., 275 F.3d 1014, 1018 (11th Cir. 2001) (“The failure of the plaintiff to identify his claims with sufficient clarity to enable the defendant to frame a [responsive] pleading constitutes shotgun pleading.”). Because Jackson’s second amended complaint is a shotgun pleading, and he has already been given multiple opportunities to amend, this case should be dismissed without prejudice. See Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295 (11th Cir. 2018) (“A district court has the ‘inherent authority to control its docket and ensure the prompt resolution of lawsuits,’ which includes the ability to dismiss a complaint on shotgun pleading grounds.”) (citation omitted). Accordingly, it is RECOMMENDED: 1. That this case be DISMISSED WITHOUT PREJUDICE because the second amended complaint is a shotgun pleading. 2. That the clerk close the file. Case 3:25-cv-01325-AW-HTC Document 24 Filed 01/29/26 Page 5 of 6
Page 6 of 6 Case No. 3:25cv1325-AW-HTC At Pensacola, Florida, this 29 th day of January, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of its objections upon all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation 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. Case 3:25-cv-01325-AW-HTC Document 24 Filed 01/29/26 Page 6 of 6
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