3:25-cv-01536•COATES v. MCCORVEY et al
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Page 1 of 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOHN LEON COATES, JR., Plaintiff, v. Case No. 3:25cv1536-MW-HTC T. MCCORVEY, Defendant. _________________________/ REPORT AND RECOMMENDATION Plaintiff John Leon Coates, Jr., a prisoner proceeding pro se and in forma pauperis, filed a second amended complaint under 42 U.S.C. § 1983 alleging Defendant McCorvey violated the Eighth Amendment by failing to protect Coates. Doc. 13. The Court previously advised Coates of the legal standards applicable to his claims and gave him an opportunity to amend his complaint1 to state a claim. Nevertheless, the undersigned concludes the second amended complaint still fails to state a claim. Thus, this case should be dismissed under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). 1 Coates filed an amended complaint without any instruction from the Court. See Doc. 5. Thus, Coates’s first amended complaint was the first complaint the Court reviewed. Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 1 of 9
Page 2 of 9 Case No. 3:25cv1536-MW-HTC I. BACKGROUND In the first amended complaint, Coates named six (6) defendants. Although Coates names only one defendant, Corrections Officer Lt. T. McCorvey, in the second amended complaint, the complaint remains a disjointed and unintelligible stream of consciousness offered in run-on sentences. The following is a summary of the facts taken from the second amended complaint as best the Court can discern. On June 6, 2024, Coates “put a metallic screw in his urethra as self-inflating behavioral.” He was not in the right state of mind. The Secretary and mental health were notified. Lt. McCorvey is responsible for inmates in F-dorm. Lt. McCorvey observed Coates “over consuming” melatonin for “self-harm on video camera and on secretary tape.” Lt. McCorvey did a cell extraction “knowing” that Coates was calling for mental health. Coates stated he was going to kill himself with “inmate cellmate in cell F3101 name of inmate is Shamel Smith DC#148870.” “Putting inmate back in the same cell is a serious security risk and unprofessional.” On November 24, 2024, at 7:19, McCorvey “once again not protecting” Coates by “encompasses infirmary isolation management medical SHOS cell in medical.”2 “She in violation for not doing so.” “Florida Department of Corrections charging disciplinary report log 119-243822.” 2 “SHOS” stands for “Suicide and/or Self-Harm Observation Status.” Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 2 of 9
Page 3 of 9 Case No. 3:25cv1536-MW-HTC “Forced to live with inmate that [he] called PREA on, in housing emergency room in B-Dorm,” Coates “told them [he] would like to go on SHOS and [he is] going to kill [himself].” Coates was raped in the “same cell and Plaintiff, call PREA3 elimination act that violated the inmate PREA forced to live with Williams Corinthian.” Lt. McCorvey “observable Plaintiff Coates eat feces and smear feces and cut him self in shower cell front shower B3126 on 11-24-24.” “Organized unlawful physical force violating [Coates] with restraints on and feet restraints on not housing [Coates] on SHOS medical for SIB behavioral not protecting [Coates] with a self-harm injury in the body, the urethra making more damage.” Based on these allegations, Coates contends McCorvey violated the Eighth Amendment by intentionally denying or delaying access to mental health care. Coates seeks declaratory relief stating the “acts and omissions described herein violate his rights,” and an injunction ordering McCorvey to “cease … physical violence” towards Coates. He also seeks punitive damages of $250,000. II. LEGAL STANDARD Because Coates is a prisoner proceeding in forma pauperis and seeking relief from government employees, the Court must dismiss his complaint, or any portion thereof, if it determines it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune 3 “PREA” is the Prison Rape Elimination Act of 2003, 34 U.S.C. § 30301 et seq. Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 3 of 9
Page 4 of 9 Case No. 3:25cv1536-MW-HTC from such relief. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b). To state a claim, Coates must plead factual content that allows the Court to draw the reasonable inference the Defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The Court must liberally construe pro se allegations, Haines v. Kerner, 404 U.S. 519, 520-21 (1972), but conclusory allegations and legal conclusions couched as factual allegations are not entitled to a presumption of truth. Iqbal, 556 U.S. at 681; Papasan v. Allain, 478 U.S. 265, 286 (1986). III. DISCUSSION Like his first amended complaint, Coates’s second amended complaint is an improper and incoherent shotgun pleading, which wholly fails to meet the Rule 8 standard. See Fed. R. Civ. P. 8(a)(2) (requiring a complaint to contain “a short and plain statement of the claim showing the pleader is entitled to relief”). Reading the second amended complaint liberally, Coates appears to be taking issue with two incidents in which he attempted to engage in self-harm and an inmate rape occurred.4 None of those claims, however, pass muster. The factual allegations underpinning them are scant and scattered. While Coates contends that McCorvey is liable for not 4 The second amended complaint also references a “cell extraction” and “an organized unlawful” use of force. It is not clear whether these are the same or two unrelated incidents. Regardless, to the extent Coates believes his Eighth Amendment rights were violated in either instance because excessive force was used, those vague and conclusory allegations are insufficient to state a claim. See Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1322-23 (11th Cir. 2015) (complaints “replete with conclusory, vague and immaterial facts” are a type of improper “shotgun” pleading). Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 4 of 9
Page 5 of 9 Case No. 3:25cv1536-MW-HTC protecting him during these incidents, he has failed to allege any facts sufficient to provide notice to McCorvey about what Coates contends McCorvey did wrong. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). To state an Eighth Amendment claim for failure to protect, Coates must allege facts showing: “(1) a substantial risk of serious harm; (2) the defendants’ deliberate indifference to that risk; and (3) causation.” Marbury v. Warden, 936 F.3d 1227, 1233 (11th Cir. 2019) (internal citation omitted). “The first element of a failure-to- protect claim—whether a substantial risk of serious harm existed—is an objective determination.” Rhiner v. Sec’y, Fla. Dep’t of Corr., 817 F. App’x 769, 775 (11th Cir. 2020). “[A] prisoner must provide evidence that there was a ‘strong likelihood’ of his injury occurring, because the mere possibility of injury is not enough.” Id. The second element, deliberate indifference, has three parts, including the defendant’s (1) subjective awareness the inmate was at risk of serious harm; (2) disregard of that risk; and (3) actions rising to subjective recklessness as used in the criminal law. Wade v. McDade, 106 F.4th 1251, 1255 (11th Cir. 2024). Coates claims he was “forced to live with Williams Corinthian,” who raped him, and that such occurrence was a PREA violation. To the extent Coates seeks to hold McCorvey liable for failing to protect him from the rape, Coates has failed to allege facts sufficient to support such a claim. As an initial matter, it is not clear when the rape occurred or how it relates to the other events in the complaint. Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 5 of 9
Page 6 of 9 Case No. 3:25cv1536-MW-HTC Regardless, Coates has not alleged any facts showing that Corinthian posed a threat to him prior to the rape occurring, that McCorvey knew Corinthian was a danger to Coates, or that McCorvey acted with criminal recklessness or failed to respond reasonably given that actual knowledge. Indeed, there is no indication McCorvey was even responsible for putting Coates in the cell with Corinthian, that Coates asked to be removed from the cell, or that any such request was made to McCovery. Coates’s contention that staying in the same cell with Corinthian was a “violation” does not make it so. See Farrukh v. Univ. of S. Fla. Bd. of Trs., 2021 WL 734586, at *2 (M.D. Fla. Feb. 25, 2021) (agreeing with magistrate judge that “‘conclusory allegations of wrongdoing’ absent any specific factual support” violate Rule 8). Similarly, to the extent Coates contends McCovery failed to protect him from self-harm, Coates has not alleged any facts to show that he was at serious risk of self-harm, that McCorvey was actually aware of that risk, or that McCorvey acted with criminal recklessness or responded unreasonably when faced with that actual knowledge. See Gish v. Thomas, 516 F.3d 952, 955 (11th Cir. 2008) (emphasis in original) (A plaintiff must show the defendant was “subjectively aware that the combination of the prisoner’s suicidal tendencies and the feasibility of suicide in the context of the prisoner’s surroundings creates a strong likelihood that the prisoner will commit suicide.”). Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 6 of 9
Page 7 of 9 Case No. 3:25cv1536-MW-HTC Coates’s allegation that McCovery observed him eating and smearing feces or “overconsuming” melatonin are not sufficient.5 Bennett v. Ford, 2025 WL 718712, at *7 (N.D. Fla. Feb. 20, 2025) (finding defendant was not deliberately indifferent to prisoner plaintiff’s risk of self-harm where defendant was aware of plaintiff’s mental health issues, including an incident where he had smeared feces on his cell door’s window); see also Mulvaney v. Meeks, 2021 WL 130970, at *6 (M.D. Ala. Jan. 13, 2021) (finding deliberate indifference where, beyond merely observing the plaintiff smearing feces, defendants were also aware she had failed to “eat or drink for days” and was “hallucinating, screaming, urinating and defecating” and defendants did “almost nothing” in response). IV. CONCLUSION In its November 10 Order, the Court advised Coates of the legal standard for pleading a claim under Federal Rule 8 and the elements for an Eighth Amendment deliberate indifference claim. The Court also gave Coates an opportunity to more carefully craft his allegations to support such a claim. Coates, however, was not able to do so; the second amended complaint is a shotgun pleading “replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action.” Weiland, 792 F.3d at 1321-22. “The problem with shotgun 5 Moreover, even accepting those allegations as true, it is not clear when McCorvey observed that conduct. Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 7 of 9
Page 8 of 9 Case No. 3:25cv1536-MW-HTC pleadings is that they ‘waste scarce judicial resources, inexorably broaden the scope of discovery, wreak havoc on appellate court dockets, and undermine the public’s respect for the courts.’” Adorjan v. Duval Cnty., Fla., 2022 WL 833664, at *4 (M.D. Fla. Mar. 21, 2022) (citing Vibe Micro, Inc. v. Shabanets, 878 F.3d 1291, 1295 (11th Cir. 2018) (alterations adopted and internal quotation marks omitted)). Although the Court liberally construes a pro se plaintiff’s allegations, the Court “cannot act as de facto counsel or rewrite an otherwise deficient [pro se] pleading to sustain an action.” Bilal v. Geo Care, LLC, 981 F.3d 903, 911 (11th Cir. 2020). Indeed, “district courts are flatly forbidden from scouring shotgun complaints to craft a potentially viable claim for a plaintiff.” Barmapov v. Amuial, 986 F.3d 1321, 1328 (11th Cir. 2021) (Tjoflat, J., concurring) (quoting Jackson v. Bank of Am., N.A., 898 F.3d 1348, 1355 n.6 (11th Cir. 2018)). That, however, is what the Court would have to do to make sense of Coates’s allegations. Because Coates has already had one opportunity to amend his complaint, this case should be dismissed without prejudice for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1). See Brennan v. Comm’r, Ala. Dep’t of Corr., 626 F. App’x 939, 945-46 (11th Cir. 2015) (“A pro se litigant must be given at least one opportunity to amend his complaint before the court dismisses the action with prejudice if it appears that a more carefully drafted pleading would state a claim upon which relief could be granted.”). Case 3:25-cv-01536-MW-HTC Document 14 Filed 12/12/25 Page 8 of 9
Page 9 of 9 Case No. 3:25cv1536-MW-HTC Accordingly, it is RECOMMENDED that: 1. This case be DISMISSED WITHOUT PREJUDICE for Coates’s failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). 2. The clerk be directed to close the file. At Pensacola, Florida, this 12 th day of December, 2025. /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-01536-MW-HTC Document 14 Filed 12/12/25 Page 9 of 9
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