Opinions and documents
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MICHAEL JAMES LONGS BEY,
Plaintiff,
v. Case No: 8:25-cv-02360-JLB-AAS
HILLSBOROUGH COUNTY
SHERIFF'S OFFICE, et al.,
Defendants.
/
ORDER
The Magistrate Judge has entered a Report and Recommendation (Doc. 17),
recommending that Plaintiff’s Complaint (Doc. 1) be dismissed without prejudice.
Plaintiff timely objected. (Doc. 20).
BACKGROUND
Plaintiff, proceeding pro se, filed his Complaint and Motion to Proceed In
Forma Pauperis on September 3, 2025. (Docs. 1 & 2). Plaintiff brings the
Complaint against Defendants Hillsborough County Sheriff’s Office, Deputy Mark
R. Buswell, among others.
On September 19, 2025, the Magistrate Judge issued an Order taking
Plaintiff’s Motion to Proceed In Forma Pauperis under advisement, identifying
violations of the Federal Rules of Civil Procedure within the Complaint, and
directing Plaintiff to file an amended complaint curing the deficiencies on or before
October 24, 2025. (See generally Doc. 7). Specifically, the Order determined that
the Complaint is an impermissible shotgun pleading. (Doc. 7 at 2–5).
Plaintiff failed to timely file the amended complaint. Accordingly, on October
29, 2025, the Magistrate Judge issued a Report and Recommendation,
recommending that the Complaint be dismissed without prejudice. (Doc. 8). On
November 4, 2025, Plaintiff filed a Motion to Amend Complaint (Doc. 10), which the
Court granted, allowing Plaintiff to file an amended complaint on or before
November 25, 2025 (Doc. 12). The previously issued Report and Recommendation
was vacated. (Doc. 13). On December 3, 2025, Plaintiff again moved for an
extension of time to file an amended complaint (Doc. 15), which the Court again
granted, setting a December 30, 2025, deadline. (Doc. 16).
Despite the ample amount of time provided by the Court to file an amended
complaint, Plaintiff again failed to do so. The Magistrate Judge issued a new
Report and Recommendation on January 5, 2025, recommending that the
Complaint be dismissed without prejudice. (Doc. 17). On January 16, 2025,
Plaintiff filed his Amended Complaint (Doc. 19), which this Court struck as
untimely (Doc. 21). Plaintiff also filed an Objection to the Report and
Recommendation, arguing that he should be allowed yet another extension of time
to file an amended complaint due to extenuating financial circumstances. (Doc. 20).
LEGAL STANDARD
A district judge may accept, reject, or modify the magistrate judge’s report
and recommendation. 28 U.S.C. § 636(b)(1). The district judge must “make a de
novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” Id.
DISCUSSION
After an independent review of the entire record, the Court finds that the
thorough and well-reasoned Report and Recommendation is due to be adopted.
“A shotgun pleading is a complaint that violates either Federal Rule of Civil
Procedure 8(a)(2) or Rule 10(b), or both.” Barmapov v. Amuial, 986 F.3d 1321, 1324
(11th Cir. 2021) (citing Weiland, 792 F.3d at 1320). Rule 8(a) requires a complaint
contain “a short and plain statement of the claim showing that the pleader is
entitled to relief.” Fed. R. Civ. P. 8(a). Rule 10(b) requires that a party “state its
claims or defenses in numbered paragraphs, each limited as far as practicable to a
single set of circumstances.” Fed. R. Civ. P. 10(b). The “self-evident” purpose of the
rules is “to require the pleader to present his claims discretely and succinctly” so the
adversary “can discern what he is claiming and frame a responsive pleading [and]
the court can determine which facts support which claims and whether the plaintiff
has stated any claims upon which relief can be granted.” Weiland, 792 F.3d at 1320
(citation omitted).
There are four categories of shotgun pleadings. Weiland, 792 F.3d at 1321–
23. The first and most common type “is a complaint containing multiple counts
where each count adopts the allegations of all preceding counts, causing each
successive count to carry all that came before and the last count to be a combination
of the entire complaint.” Id. The second is a complaint “replete with conclusory,
vague, and immaterial facts not obviously connected to any particular cause of
action.” Id. The third type of shotgun pleading is one that does not “separat[e] into a
different count each cause of action or claim for relief.” Id. The fourth and final
category of shotgun pleading is one that “assert[s] multiple claims against multiple
defendants without specifying which of the defendants are responsible for which
acts or omissions, or which of the defendants the claim is brought against.” Id.
Here, Plaintiff’s Complaint fails to delineate the allegations into counts and
does not specify which allegations or claims are against which defendant. (See Doc.
1). Thus, the Complaint is a shotgun pleading.
Further, to proceed in forma pauperis, a complaint must state viable causes
of action. See 28 U.S.C. § 1915(e)(2)(B). The Complaint fails to state a plausible
claim against the Hillsborough County Sheriff’s Office because a sheriff’s office is
not subject to liability under 42 U.S.C. § 1983. See Dean v. Barber, 951 F.2d 1210,
1214 (11th Cir. 1992) (affirming the district court’s decision to dismiss the Section
1983 claim against the sheriff’s department because under the applicable state law
the sheriff department lacked capacity to be sued); Williams v. Miami-Dade Police
Dep’t, 297 F. App’x 941, 945 (11th Cir. 2008) (finding the police department does not
have capacity to be sued under Florida law). Likewise, to the extent the Complaint
is brought against Defendant Deputy Buswell, it fails to state a plausible claim
because the alleged facts do not allow the Court to draw a reasonable inference that
Deputy Buswell acted without probable cause. (See Doc. 1 at ¶¶ 1–7).
Accordingly, itis ORDERED that:
1. The Report and Recommendation (Doc. 17) is ADOPTED and made a
part of this Order for all purposes.
2. Plaintiff's Objection to the Report and Recommendation (Doc. 20) is
OVERRULED.
3. Plaintiffs Complaint (Doc. 1) is DISMISSED without prejudice.
4. Plaintiff's Motion to Proceed In Forma Pauperis is DENIED as moot.
5. The Clerk of Court is DIRECTED to enter judgment accordingly,
terminate any pending motions and deadlines, and close the file.
ORDERED in Tampa, Florida, on March 30, 2026.
JOHN L. BADALAMENTI
UNITED STATES DISTRICT JUDGE
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