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Other Statutory Actions | Florida Middle
Order
ENDORSED ORDER: Upon review, the Court finds that the complaint (Doc. 1) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). The complaint improperly fails to separate into different counts each of the plaintiff's causes of action. See id. at 1322-23 ("The third type of shotgun pleading is one that commits the sin of not separating into a different count each cause of action or claim for relief."). Although the complaint purports to assert claims for violations of the Fair Debt Collection Practices Act as well as various Florida common law and statutory claims, the complaint does not split these claims into separate causes of action with allegations specific to each. The complaint also fails to identify "which of the defendants are responsible for which acts or omissions, or which of the defendants [each] claim is brought against." Weiland, 792 F.3d at 1323. Further, the claims should be stated "in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P. 10(a). The complaint does not comply with Rule 10(a). Lastly, the caption of the action indicates that the plaintiff seeks to assert one or more claims on behalf of Be'Apparels, LLC. As a pro se plaintiff, Levy cannot do this. Accordingly, the complaint is DISMISSED, and the plaintiff is granted leave to amend her complaint no later than July 13, 2026. If the plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without prejudice and without further notice and the motion to proceed in forma pauperis will be denied (Doc. 2). Any amended complaint may not assert any claims on behalf of Be'Apparels, LLC, which must be represented by a lawyer. Signed by Judge Kathryn Kimball Mizelle on 6/29/2026. (GTD)
Notice to Pro Se Litigant of NEF Consent Program
NOTICE to Novia Levy - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers (copy of consent program information sheet provided). (AA)
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