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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

AYOKUNIE O. KWANZOA,

Plaintiff,

vs. Case No. 4:11cv85-RH/WCS

Dr. ANTHONY McCOY,

Defendant.

 /

REPORT AND RECOMMENDATION

On May 17, 2011, the pro se Plaintiff filed a second amended civil rights

complaint. Doc. 15. This version of the complaint has been reviewed and is still not

sufficient to proceed. Plaintiff names only one person as a Defendant, Dr. McCoy, and

despite several instructions to provide factual allegations to support Plaintiff's claims,

these allegations remain general, vague, and conclusory. 

Plaintiff alleges discrimination, but it cannot be determined from the allegations

whether Plaintiff contends he was discriminated against because of being a Marine, or a

Black officer in the Marine Corps, or due to his "faith based teachings and doctrine," or

because he is Republican, a computer user, or any of Plaintiff's other purported

reasons. Moreover, Plaintiff presents no facts supporting a claim of discrimination

because Plaintiff fails to demonstrate he was treated differently than other residents.

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 Plaintiff alleges a multitude of different claims against Dr. McCoy, most of which

are fanciful. For example, Dr. McCoy allegedly put Plaintiff under the influence of

anesthesia and put splinters under Plaintiff's "finger nails and cut them to the flesh, tore

ligaments in thigh and hip joint . . . ." Plaintiff contends Dr. McCoy put "matter" and

drugs in Plaintiff's meals and cancelled medical appointments outside of the Hospital. 

Plaintiff alleges that Dr. McCoy "involved himself" in Plaintiff's intellectual property, and

cut and tore Plaintiff's clothing, and injected Plaintiff with botox in his groin area. These

assertions are not based in reality, and no facts are presented which would lend any

credence to these claims. There are no dates provided for any event alleged, no

witnesses, no supporting documentary evidence. Plaintiff fails to present any

allegations which show a viable constitutional claim. Plaintiff's allegations are

insufficient to state a claim for relief. Many of the allegations are conclusory and lack

factual allegations to support them, the ones with factual support are fanciful and do not

show the violation of a constitutional right. Opportunities to submit additional complaints

should not be extended. Rather, this complaint should be dismissed. 

In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff's second

amended complaint, doc. 15, be DISMISSED for failure to state a claim upon which

relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

IN CHAMBERS at Tallahassee, Florida, on June 2, 2011.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

Case No. 4:11cv85-RH/WCS

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NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv85-RH/WCS

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