Estate of Cherish Pankey v. Carnival Corporation ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 22-cv-24004-BLOOM ESTATE OF CHERISH PANKEY, Plaintiff, v. CARNIVAL CORPORATION, d/b/a Carnival Cruise Line, Defendant. _______________________________/ ORDER DISMISSING COMPLAINT THIS CAUSE is before the Court upon a review of pro se Plaintiff’s Complaint, ECF No. [1], docketed on December 9, 2022. Plaintiff has not paid the filing fee but has moved to proceed in forma pauperis. ECF No. [3]. Because Plaintiff is a pro se litigant who has not paid the required filing fee, the screening provisions of 28 U.S.C. section 1915(e) apply. Under the statute, courts are permitted to dismiss a suit “any time [] the court determines that . . . (B) the action or appeal . . . (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). Having screened Plaintiff’s Complaint, the Court concludes it is subject to dismissal. To state a claim for relief, a pleading must contain: “(1) a short and plain statement of the grounds for the court’s jurisdiction . . . ; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought[.]” Fed. R. Civ. P. 8(a). “A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Id. 10(b). More importantly, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The complaint must “give the defendant fair notice of what the claim is and the grounds upon which it rests[.]” Twombly, 550 U.S. at 555 (cleaned up). Courts must “construe pro se pleadings liberally, holding them to a less stringent standard than those drafted by attorneys.” Arrington v. Green, 757 F. App’x 796, 797 (11th Cir. 2018). Still, a pro se party must abide by Federal Rule of Civil Procedure 8(a)(2), which requires that a pleading contain a “short and plain statement of the claim” showing the pleader is entitled to relief. See Barmapov v. Amuial, 986 F.3d 1321, 1324 (11th Cir. 2021). Plaintiff’s Complaint is deficient in several regards. First, it lacks “a short and plain statement of the claim showing that the pleader is entitled to relief[.]” Fed. R. Civ. P. 8(a)(2). Second, it lacks “a demand for the relief sought.” Id. (a)(3). Third, the Complaint’s allegations are not stated “in numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b). Fourth, the Complaint lacks “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quotation marks omitted). The Complaint seeks to recover for the death of Cherish Pankey, who allegedly fell from a Carnival cruise ship on December 11, 2021. ECF No. [1]. However, the Complaint does not state that Defendant Carnival Corporation is liable for Cherish Pankey’s death, nor does it is allege sufficient facts to assert Defendant’s liability. Id. The Court also finds that Plaintiff’s Application to Proceed in forma pauperis is deficient. See ECF No. [3]. In response to Question No. 5 of the Application, Plaintiff states that Plaintiff owns a home and car. Id. at 2. However, Plaintiff does not state the approximate value of those assets, as the Application instructs. Id. Case No. 22-cv-24004-BLOOM Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Plaintiff's Complaint is DISMISSED without prejudice. 2. Plaintiff's Motion to Proceed in forma pauperis, ECF No. [3], is DENIED without prejudice. 3. before January 6, 2023, Plaintiff shall file an Amended Complaint that corrects the deficiencies noted above. 4. With the filing of the Amended Complaint, Plaintiff shall either pay the filing fee of $402.00, or file a second Application to Proceed in forma pauperis that corrects the deficiency noted above. 5. Failure to comply with this Order will result in dismissal of this case without further notice. DONE AND ORDERED in Chambers at Miami, Florida, on December 12, 2022. BETHBLOOM i ists UNITED STATES DISTRICT JUDGE Copies to: Estate of Cherish Pankey 18961 Mark Twain Detroit, MI 48235 PRO SE