CLARK
v.
FLORIDA CIVIL COMMITMENT CENTER
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Pro se prisoner Jimmie Lee Clark filed a handwritten letter and mandamus petition claiming ineffective assistance of appellate counsel in state court. The federal district court dismissed the filing without prejudice for failure to comply with procedural requirements, directing Clark to use proper complaint and petition forms.
Clark's handwritten submission did not properly initiate a civil action under Federal Rule of Civil Procedure 3. To proceed, Clark must file either a proper 42 U.S.C. § 1983 civil rights complaint on the court-approved form or a 28 U.S.C. § 2241 habeas corpus application (AO 242), and must exhaust state-court remedies before filing a § 2241 petition.
[1] A civil action is commenced by filing a complaint with the court.
[2] Pro se litigants in custody must use the standard civil rights complaint form for actions filed under 42 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“A civil action is commenced by filing a complaint with the Court.”
Establishes the procedural requirement under Federal Rule of Civil Procedure 3 that Clark failed to satisfy
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Join FLexlaw to unlock all legal intelligenceJimmie Lee Clark is a resident of the Florida Civil Commitment Center who submitted a handwritten letter and petition for writ of mandamus to federal …
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This cause is before the Court on consideration of a handwritten letter addressed to the “U.S. Courthouse Federal Building” and a petition for writ of mandamus directed towards a Florida state court filed by Jimmie Lee Clark, a resident of the Florida Civil Commitment Center. (Doc. 1; Doc. 1-1.) He appears to allege that he has received ineffective assistance of appellate counsel in state court and asks this Court to ensure that his constitutional rights are not violated. (Doc. 1 at 2.)
Mr. Clark's papers did not properly initiate a civil action in this Court. See Fed. R. Civ. P. 3 (“A civil action is commenced by filing a complaint with the Court."). To the extent he seeks to file a complaint under 42 U.S.C. § 1983, Mr. Clark is advised that the Court has approved the use of a civil rights complaint form for cases filed under 42 U.S.C. § 1983. See Local Rule 6.04(a) (“A pro se person in custody must use the standard form[.]"). The form requires a plaintiff to include detailed information about the defendants he intends to sue, the plaintiff's litigation history, a statement of the plaintiff's claims and facts, and the specific relief requested. Likewise, the Court has a standard form that must be used to file an application for writ of habeas corpus under 28 U.S.C. § 2241. Further, Mr. Clark may file a section 2241 petition only after exhausting his state-court remedies. See Johnson v. Florida, 32 F. 4th 1092, 1095-96 (11th Cir. 2022) (“It is by now well established that a district court may not grant a § 2241 petition unless the petitioner has exhausted all available state remedies." (internal quotation marks omitted)).
The Court thus dismisses this case without prejudice. Because the dismissal is without prejudice, Mr. Clark may pursue a new case by filing a proper complaint or petition on one of the attached pre-printed forms—not using this case number— and include the filing fee or motion to proceed in forma pauperis.
Accordingly, it is ORDERED:
1. This case is DISMISSED without prejudice. 2. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, terminate any deadlines, and close this case. 3. The Clerk is also DIRECTED to send Mr. Clark a pre-printed 42 U.S.C. § 1983 civil rights complaint form and a 28 U.S.C. § 2241 application (AO 242).
DONE AND ORDERED in Fort Myers, Florida on April 8, 2025.
JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE
Copies: Jimmie Lee Clark Encl: 42 U.S.C. § 1983 civil rights complaint form (prisoner), application for writ of habeas corpus under 28 U.S.C. § 2241 (AO 242)