ALBA
v.
PINELLAS COUNTY JAIL
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The court held that the amended complaint must be dismissed because it is incomprehensible and seeks damages from state officials who are absolutely immune.
Plaintiff filed an amended complaint which was rambling and incomprehensible. Plaintiff sought damages from a state court judge and a state attorney f…
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Before the Court is Plaintiff Joseph Alba’s Amended Complaint (Doc. 2). The Court has undertaken a preliminary screening of the Amended Complaint in accord with 28 U.S.C. § 1915A. After doing so, the Court has determined the Amended Complaint must be dismissed. Like the initial complaint, the Amended Complaint is rambling and essentially incomprehensible. And it violates Rule 8’s “short and plain statement” requirement. See Fed. R. Civ. P. 8(a)(2) (providing that a complaint “shall contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief”). Additionally, Mr. Alba appears to seek damages from a state court judge for acts taken in his judicial capacity and a state attorney for acts taken as an advocate for the State. Defendants have absolute immunity from damages in these circumstances. See Maps v. Miami Dade State Att’y, 693 F. App’x 784, 785 (11th Cir. 2017) (“The defense of absolute immunity extends both to judges and prosecutors.”). Accordingly, Mr. Alba’s Amended Complaint (Doc. 2) is DISMISSED,
without prejudice to his filing of a new complaint, in a new case, with a new case number. The Clerk must enter judgment against Mr. Alba and close this case. DONE AND ORDERED at Tampa, Florida, on March 22, 2023. /s/ William F. Jung
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Plaintiff, pro se