ELMORE v. MOTLEY et al

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
MATTHEW ROBERT ELMORE,
Plaintiff,
vs. 	Case No. 4:26cv178-AW-MAF
NANCY MOTLEY,
RAY MOTLEY,
and WILLIAM WEBB,
Defendants.
_________________________/
REPORT AND RECOMMENDATION
Plaintiff, proceeding pro se and with in forma pauperis status, initiated
this case by submitting a document, ECF No. 1, which the Clerk’s Office
has filed as a complaint. It was not a proper complaint, however, but was
in the nature of a letter. Because Federal Rule of Civil Procedure 3 states
that an “action is commenced by filing a complaint with the court,” Plaintiff
was required to file a proper complaint on the form used in this Court. ECF
No. 4.
Plaintiff’s amended complaint, ECF No. 5, was filed 3 days later. It
remains insufficient as presented.
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A civil rights case may be brought under 42 U.S.C. § 1983 if the
Plaintiff can “allege facts showing that the defendant’s act or omission,
done under color of state law, deprived him of a right, privilege, or immunity
protected by the Constitution or laws of the United States.” Emory v.
Peeler, 756 F.2d 1547, 1554 (11th Cir. 1985). Plaintiff must demonstrate
“both (1) that the defendant deprived [him] of a right secured under the
Constitution or federal law and (2) that such a deprivation occurred under
color of state law.” Arrington v. Cobb County, 139 F.3d 865, 872 (11th Cir.
1998) (quoted in Bingham v. Thomas, 654 F.3d 1171, 1175 (11th Cir.
2011)).
Here, Plaintiff has identified two of the Defendants, Nancy and Ray
Motley, as persons who reside in Lee County, South Carolina. ECF No. 5
at 3. He does not indicate they are employed and, presumably, they lack
an “official position.” 	Id. 	Thus, Plaintiff has not shown that any of the
alleged actions about which he complains were “official” actions taken
“under color of any statute, ordinance, regulation custom, or usage of any
State. . . ." Fadjo v. Coon, 633 F.2d 1172, 1174-1175 (5th Cir. 1981)
(quoting Adickes v. S. H. Kress & Co., 398 U.S. 144, 150, 90 S. Ct. 1598,
1604, 26 L. Ed. 2d 142 (1970)); see Paisey v. Vitale In and For Broward
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Co., 807 F.2d 889, 892 (11th Cir. 1986); Lugar v. Edmondson Oil Co., 457
U.S. 922, 930, 102 S. Ct. 2744, 2750, 73 L. Ed. 2d 482 (1981); Flagg
Brothers, Inc. v. Brooks, 436 U.S. 149, 155, 98 S. Ct. 1729, 1732, 56 L. Ed.
2d 185 (1978). Thus, Plaintiff has not alleged facts which support a § 1983
claim against the Motley Defendants.
Plaintiff listed a third Defendant, William Webb, but failed to provide
any information about that Defendant or identify any specific action taken
by Defendant Webb. ECF No. 5. The only mention of William Webb is that
“they keep making” Plaintiff “pay William Webb’s child support.” 	Id. at 4.
That vague assertion is insufficient to state a claim.
In general, Plaintiff’s allegations appear to be based on fantasy, not
fact. He contends “they use satilites [sic] against” him and torture him “with
sound/dog trackers implanted in” his ears. ECF No. 5 at 5. He claims
“[t]hey use latex robots & images of people to do so.” 	Id. 	Those are
fictitious and frivolous claims that cannot proceed.
One allegation should be addressed further. Plaintiff claims he has
been “kidnapped” [sic] and held “hostage to these people” and their family.
Id. at 4. Any concern that Plaintiff has legitimately been held against his
will is removed by the fact that Plaintiff has provided his address within the
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complaint in Tampa, Florida, and the Motley Defendants are located in
South Carolina. ECF No. 5. His initial pleading stated that Plaintiff was
homeless and resided in Tallahassee, Florida. ECF No. 1. Thus, it is
apparent that Plaintiff is not being held hostage. 1
It does not appear that further leave to amend would be beneficial.
Accordingly, because Plaintiff’s amended complaint fails to state a claim
against any named Defendant, this action should be dismissed.
RECOMMENDATION
It is respectfully RECOMMENDED that Plaintiff’s amended complaint,
ECF No. 5, be DISMISSED for failure to state a claim upon which relief
may be granted pursuant to 28 U.S.C. § 1915(e)(2).
IN CHAMBERS at Tallahassee, Florida, on April 27, 2026.
S/ 	Charles A. Stampelos2
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE
1 It is not apparent why this case was filed in the Northern District of Florida. No
facts were alleged to show that any alleged action taken was done in this District.
Without such facts, and because Defendants do not reside in Florida, venue would not
be appropriate in this Court. 28 U.S.C. § 1391(b).
2 Magistrate Judge Stampelos has signed this Order during the temporary absence
of Magistrate Judge Martin A. Fitzpatrick who is assigned to this case.
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NOTICE TO THE PARTIES
Within fourteen (14) days after being served with a copy of this
Report and Recommendation, a party may serve and file specific written
objections to these proposed findings and recommendations. 	Fed. R.
Civ. P. 72(b)(2). A copy of the objections shall be served upon all other
parties. 	A party may respond to another party’s objections within
fourteen (14) days after being served with a copy thereof. Fed. R. Civ.
P. 72(b)(2). 	Any different deadline that may appear on the electronic
docket is for the Court’s internal use only and does not control. 	If a
party 	fails 	to 	object 	to 	the 	Magistrate 	Judge’s 	findings 	or
recommendations as to any particular claim or issue contained in this
Report and Recommendation, that party waives the right to challenge on
appeal the District Court’s order based on the unobjected-to factual and
legal conclusions. 	See 11th Cir. Rule 3-1; 28 U.S.C. § 636.
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