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John T. Williams, Plaintiff-Appellant, v. SALLY YATES USAG FTC FTC FTC AUSA (2021)

United States Court of Appeals, Eleventh Circuit.2021-03-30No. No. 20-12870

Summary

Holding. The district court's dismissal of the amended complaint was affirmed both because Williams abandoned his challenge to the shotgun pleading finding and because the complaint was properly dismissed as frivolous under the applicable statutory standard.

John Williams, representing himself, appealed the dismissal of his amended complaint alleging a conspiracy among federal judges, agents, and lawyers to falsify documents, forge warrants, and unlawfully seize his company's funds and imprison him. The appellate court reviewed the dismissal under the frivolity standard applicable to cases filed by indigent litigants. Williams did not challenge the district court's finding that his complaint was a "shotgun pleading"—one that is poorly organized and difficult to follow—and therefore abandoned that argument on appeal.

The court determined that even setting aside the structural defects, the complaint itself lacked sufficient factual support and constituted the type of baseless conspiracy allegation that frivolity screening is designed to filter out. Williams made sweeping accusations against more than a dozen federal officials but provided no concrete factual allegations to support claims of document falsification, forged signatures, or improper account freezes. His allegations amounted to unsupported conclusions rather than plausible factual assertions. The district court properly exercised its discretion in dismissing the complaint as frivolous.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a pro se complaint alleging a federal conspiracy may be dismissed as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i)
  • Whether abandonment of arguments on appeal precludes appellate review
  • Whether conclusory conspiracy allegations without supporting facts constitute a plausible claim

Procedural posture

The appellant, proceeding without counsel, appealed the district court's dismissal of his amended Bivens complaint filed as an indigent litigant.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

John Williams, proceeding pro se, appeals the dismissal of his amended complaint raising claims under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). On appeal, he asserts that he pleaded plausible facts to show that there was a conspiracy among federal judges, agents, and lawyers to alter or falsify documents, including warrants, to seize $25,000 from his companys bank account and unlawfully imprison him.

We review a district courts dismissal of a complaint that was filed in forma pauperis (IFP) as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) for an abuse of discretion. Napier v. Preslicka, 314 F.3d 528, 531 (11th Cir. 2002). Section 1915(e) of the Prison Litigation Reform Act provides that any IFP action shall be dismissed “at any time if,” in relevant part, it “is frivolous.” 28 U.S.C. § 1915(e)(2)(B)(i). We hold “the allegations of a pro se complaint to less stringent standards than formal pleadings drafted by lawyers.” Campbell v. Air Jamaica Ltd., 760 F.3d 1165, 1168 (11th Cir. 2014). However, “this leniency does not give [us] license to serve as de facto counsel for a party, or to rewrite an otherwise deficient pleading in order to sustain an action.” Id. at 1168-69 (quotations omitted). Further, “issues not briefed on appeal by a pro se litigant are deemed abandoned.” Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008).

As an initial matter, Williams fails to address the district courts dispositive finding that his amended complaint was a shotgun pleading. Accordingly, we affirm the district courts dismissal on this basis. See Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 682-83 (11th Cir. 2014) (explaining we can affirm on the ground that the appellant has abandoned any arguments regarding the district courts dispositive holdings, even if the district courts holdings are in the alternative).

In any event, the district court did not abuse its discretion in dismissing the amended complaint as frivolous. Williamss naked assertions of a conspiracy involving more than a dozen federal agents, judges, and lawyers, without any sufficient supporting factual allegations to allege a plausible claim, is the type of fanciful complaint the frivolity screening seeks to reject. See Denton v. Hernandez, 504 U.S. 25, 32-33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (stating a claim is factually frivolous “only if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional” (citations and quotations omitted)); see also Phillips v. Mashburn, 746 F.2d 782, 783, 785 (11th Cir. 1984) (upholding the district courts dismissal without prejudice of an IFP 42 U.S.C. § 1983 complaint as frivolous when it presented merely a “naked assertion of a conspiracy between a state judge and private defendants without supporting operative facts”). The district court did not abuse its discretion in dismissing the amended complaint as frivolous because its factual contentions were pure conjecture and baseless, as Williams failed to support his numerous accusations of falsified court documents and records, forged signatures, and untimely account freezes with any factual allegations other than conclusory and dubious statements. See Bilal v. Driver, 251 F.3d 1346, 1349 (11th Cir. 2001) (stating § 1915 “accords judges not only the authority to dismiss a claim based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaints factual allegations and dismiss those claims whose factual contentions are clearly baseless” (quotations omitted)); Napier, 314 F.3d at 531 (explaining a claim is frivolous if it is without arguable merit in either fact or law).

AFFIRMED.

PER CURIAM: