Florida > Federal > USDC Middle
Civil Rights Complaint Form DC 225 - Florida
| Civil Rights Complaint Form Form. This is a Florida form and can be used in USDC Middle Federal . |
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ************** INSTRUCTIONS FOR FILING A CIVIL RIGHTS COMPLAINT BY PRISONERS UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983 READ ALL INSTRUCTIONS CAREFULLY. FAILURE TO COMPLY WITH THE INSTRUCTIONS OR FORMS CONTAINED HEREIN MAY RESULT IN THE DISMISSAL OF YOUR ACTION. (1) This forms packet contains one Civil Rights Complaint Form and one Affidavit of Indigency form. To initiate your civil rights action, you must file with the Clerk of Court an original Complaint and one additional copy of the Complaint for each named defendant. For example, if you name two defendants, you must file the original and two copies of the Complaint. In addition, each plaintiff petitioning the Court to proceed in forma pauperis must file an original Affidavit of Indigency. The Complaint must be typewritten or neatly printed. IN EITHER INSTANCE, HOWEVER, IT MUST BE LEGIBLE, OR YOU WILL BE REQUIRED TO FILE A LEGIBLE AMENDED COMPLAINT. If you are required to file a legible Amended Complaint, the Court will take no action on your case until an Amended Complaint is filed in a legible format. EACH PLAINTIFF MUST PERSONALLY SIGN THE COMPLAINT AND MUST DO SO UNDER PENALTY OF PERJURY AS BEING TRUE AND CORRECT. [SPECIAL NOTE: Any false statement of a material fact may serve as the basis for prosecution and conviction of perjury and may result in your Complaint being dismissed with prejudice.] (4) ALL QUESTIONS MUST BE ANSWERED CLEARLY AND CONCISELY in the proper space provided on the attached Complaint and Affidavit of Indigency. If for any reason the question is not applicable to your situation, enter the words "Not Applicable" in the appropriate space. Where more space is needed to answer a particular question, use additional paper, crossreference it to the appropriate paragraph, and append the papers to the Complaint. DO NOT USE THE REVERSE SIDE OF ANY PAGE. When using additional pages, leave a margin of one inch at the top of the page. LEGAL ARGUMENTS, CITATIONS OF AUTHORITY, OR STATUTORY REFERENCES ARE NOT PERMITTED NOR WILL THEY BE ACCEPTED FOR FILING WITH THIS COMPLAINT. Argument in support of your Complaint is unnecessary at the commencement of your case. You will be advised when the submission of evidence or argument in support of your claim is appropriate. Where requested in the Complaint form, you must furnish the full and correct name, as well as the complete and correct address, of each individual named as a defendant. i American LegalNet, Inc. www.FormsWorkFlow.com (2) (3) (5) (6) (7) Generally, complaints are prosecuted in county of residence of one or more named defendants. You should file the complaint in the division which is applicable to your case. Write the name of the division in which you will file your complaint in the blank at the top of the first page of the complaint form, and in the blank at the top of the first page of the Affidavit of Indigency. The following counties comprise the Tampa Division: Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota. Complaints filed in the Tampa Division should be mailed to the Clerk's Office, United States District Court, Sam M. Gibbons US Courthouse, 801 N. Florida Avenue, Room 218, Tampa, Florida 33602-3800. The following counties comprise the Ft. Myers Division: Charlotte, Collier, DeSoto, Glades, Hendry, and Lee. Complaints filed in the Ft. Myers Division should be mailed to the Clerk's Office, United States District Court, US Courthouse & Federal Building, 2110 First Street, Room 2-194, Fort Myers, Florida 33901-3083. The following counties comprise the Orlando Division: Brevard, Orange, Osceola, Seminole, and Volusia. Complaints filed in the Orlando Division should be mailed to the Clerk's Office, United States District Court, 401 W. Central Boulevard, Suite 1200, Orlando, Florida 32801-0120. The following counties comprise the Jacksonville Division: Baker, Bradford, Clay, Columbia, Duval, Flagler, Hamilton, Nassau, Putnam, St. Johns, Suwanne, and Union. Complaints filed in the Jacksonville Division should be mailed to the Clerk's Office, United States District Court, US Courthouse, 300 North Hogan Street, Suite 9-150, Jacksonville, Florida 32202-4271. The following counties comprise the Ocala Division: Citrus, Lake, Marion, and Sumter. Complaints filed in the Ocala Division should be mailed to the Clerk's Office, United States District Court, Golden-Collum Memorial Federal Building and US Courthouse, 207 N.W. Second Street, Room 337, Ocala, Florida 34475-6666 (8) YOU MAY FILE A COMPLAINT WITH MULTIPLE CLAIMS ONLY IF THE CLAIMS ARE DIRECTLY RELATED TO THE SAME BASIC ISSUE OR INCIDENT. Claims that are not so related should be filed as a separate complaint with a separate filing fee or application to proceed in forma pauperis. In order to file your Complaint, YOU MUST EITHER: (A) Pay the required $350.00 filing fee; -- OR (B) Petition the Court to proceed in forma pauperis. If the Complaint is being filed by more than one Plaintiff, each Plaintiff must petition the Court to proceed in forma pauperis. However, even if you seek to proceed in forma pauperis, you will be required to pay the full filing fee of $350.00. In the event you are unable to pay the full filing fee at the time the action is filed, the Court will assess an initial partial filing fee. After the initial partial filing fee is paid, the prison at which you are incarcerated will be required to forward to the Clerk's Office monthly payments of 20 percent of the preceding month's income credited to your ii American LegalNet, Inc. www.FormsWorkFlow.com (9) inmate account until the full #350.00 filing fee is paid. [SPECIAL NOTE: To begin the in forma pauperis process, you must first execute the attached Affidavit of Indigency, setting forth information that establishes your financial status. You are required to answer every question on the Affidavit, have it properly notarized, and ensure that an authorized official at the institution completes the Affidavit Certificate. You must also provide the Court with a certified copy of your prison account statement containing all transactions in your prisoner account for the six (6) months preceding the filing of the complaint.] [SPECIAL NOTE: Notwithstanding the above, the party or parties seeking leave to proceed in forma pauperis may be required to pay, as a condition to allowing the case to proceed in forma pauperis, a stated portion of the Clerk's and/or Mars
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