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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

MICHAEL DARRELL ROBINSON,

Plaintiff,

v. CASE NO. 1:11-cv-00024-MP-GRJ

ALACHUA COUNTY SHERIFF 

OFFICE, et al,

Defendants.

_____________________________/

O R D E R

Presently pending before the Court is Plaintiff’s Motion for Leave to Proceed in

Forma Pauperis with Prisoner Consent Form and inmate account information. (Docs. 4

and 5.) The Complaint concerns a claim for false arrest and false imprisonment against

the Alachua County Sheriff’s Office and Detective Michael Powers. (Doc. 1). Plaintiff

seeks damages for lost wages and $200.00 a day for each day he was incarcerated

based on alleged false testimony provided by Darrell at Plaintiff’s trial. Id. Plaintiff

alleges his conviction was overturned on appeal. Id.

Plaintiffs’ motion to proceed as a pauper (Doc. 5), is GRANTED to the extent

that the case may proceed without the prepayment of the entire filing fee. Because

Plaintiff has insufficient funds, the Court will not require Plaintiff to pay an initial partial

filing fee as provided in 28 U.S.C. § 1915(b)(1)(A). However, Plaintiff is hereby

assessed the total $350.00 filing fee in this case.

As funds become available in Plaintiff's prison account, he shall be required to

make monthly payments of twenty percent of the preceding month's income (that is, all
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funds deposited into the account) credited to the account. Upon receipt of this Order,

the agency having custody of Plaintiff shall forward payments from Plaintiff's account on

a monthly basis to the Clerk of Court each time the amount in the account exceeds

$10.00. These payments shall continue until the filing fee of $350.00 is paid in full. 

The following information shall either be included on the face of the check from the

penal institution, cashier's check, or money order or attached thereto: (1) the full name

of the prisoner; (2) the prisoner's inmate number; and, (3) the Northern District of

Florida Case Number (see above). Checks or money orders which do not have this

information will be subject to return. Accordingly, the Clerk shall mail a copy of this

Order by mail to: Administrator of the Inmate Trust Fund Account at the Alachua County

Jail, 3333 NE 39th Avenue, Gainesville, FL 32609.

Plaintiff is warned that he is ultimately responsible for payment of the filing fee if

the agency with custody over him/her lapses in its duty to make payments on his/her

behalf. For this reason, if Plaintiff is transferred to another jail or institution, Plaintiff

should ensure that the new institution is informed about this lawsuit and the required

monthly payments as set out herein. Plaintiff is advised to retain a copy of this Order

for this purpose.

AMENDMENT OF COMPLAINT

Pursuant to the Prison Litigation and Reform Act, the Court shall dismiss a case

if the Court determines that the action is frivolous, malicious, fails to state a claim upon

which relief can be granted, or seeks monetary relief against a defendant who is

immune from such relief. See 28 U.S.C. §1915A(b)(1). Additionally, the Court must

read Plaintiff’s pro se allegations in a liberal fashion. 

Case No: 1:11-cv-00024-MP -GRJ
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In any 42 U.S.C. §1983 cause of action, the initial inquiry must focus on whether

the two essential elements to a section 1983 action are present. 

Section 1983 provides in relevant part: 

Every person who, under color of any statute, ordinance,

regulation, custom, or usage . . . subjects, or causes to be

subjected, any citizen of the United States . . . to the deprivation

of any rights . . . secured by the Constitution and laws, shall be

liable to the party injured in any action at law . . . [or] suit in equity.

“A successful section 1983 action requires a showing that the conduct

complained of (1) was committed by a person acting under the color of state law and

(2) deprived the complainant of rights, privileges, or immunities secured by the

Constitution or laws of the United States.” Harvey v. Harvey, 949 F.2d 1127, 1130 (11th

Cir. 1992). For liability under 42 U.S.C. §1983, Plaintiff must show an affirmative

causal connection between the Defendants’ conduct and the constitutional deprivation. 

Tittle v. Jefferson County Comm’n, 10 F.3d 1535, 1541 n.1 (11 Cir. 1994). th

The “Alachua County Sheriff’s Office” is not a proper defendant in a § 1983 case

because it is not a “person.” Plaintiff should name in the Complaint only defendants

who participated in the alleged deprivation of constitutional rights or those persons who

directed the action and/or omission that resulted in such deprivation. Therefore,

Plaintiff should not name the sheriff’s office as a defendant if he chooses to file an

amended complaint.

In addition, Plaintiff must provide more facts about the circumstances of his

arrest and what acts were committed by Powers that he claims violated his rights and

resulted in his being falsely arrested and prosecuted. Plaintiff has provided very few

facts to describe the arrest and it is not clear what charge was brought against him or

Case No: 1:11-cv-00024-MP -GRJ
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what “false statements” were made by Powers at Plaintiff’s trial. 

In light of Plaintiff’s pro se status, the Court will permit Plaintiff an opportunity to

amend his Complaint to name the proper defendants and to provide more facts to

support his claims against Defendant Powers. To amend his complaint, Plaintiff should

completely fill out a new civil rights complaint form, marking it “Amended Complaint.”

The amended complaint must include all of Plaintiff’s claims in this action and should

not refer back to the original complaint. In amending, Plaintiff should carefully review

the following to determine whether he can present allegations sufficient to state a cause

of action: 

1) Plaintiff must state what rights have been violated under the Constitution,

laws or treaties of the United States. It is improper for the Plaintiff to merely

list constitutional or federal rights. Further, Plaintiff must provide support in

the statement of facts for the claimed violations.

2) Plaintiff should clearly describe how each named defendant is involved

in the alleged constitutional violation(s) in the body of the complaint. Plaintiff

should note that in civil rights cases, more than conclusory and vague

allegations are required to state a cause of action. Plaintiff must also show

how he was harmed or injured by the actions and/or omissions of the

defendant(s).

3) Plaintiff should name only defendants who participated in the alleged

deprivation of constitutional rights or those persons who directed the action

and/or omission that resulted in such deprivation. 

The Clerk is directed to send the Plaintiff a blank Civil Rights Complaint form. After

carefully considering whether he can state a cause of action in accordance with this Order,

Plaintiff shall submit his Amended Complaint within TWENTY (20) DAYS or by March 17,

2011. The failure to do so in the allotted time will result in the dismissal of this action 

DONE AND ORDERED this 25 day of February, 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 1:11-cv-00024-MP -GRJ