DANA HARSHMAN
v.
SYMETRY FINANCIAL, WALGREENS, EMAIL EVIDENCE OF ADVERTISEMENTS JOB HELPER INDEED ZIPRECRUITER ANOTHER ONE RECRUITERS; WALMART, EMAIL EVIDENCE OF ADVERTISEMENTS JOB HELPER INDEED ZIP RECRUITER ANOTHER ONE RECRUITERS; CVS ADMINISTRATIVE HEARING, SOUTHEASTERN GROCERS, BENZER PHARMACY, PUBLIX CORP., WINN DIXIE, CITRUS MEMORIAL, SHANDS U OF F, ENCOMPASS HEALTH, GENOA PHARMACY, SUNTRUST BANK OCALA, FL, MS BANK, CHASE, TRUIST, ADVENT, MONROE REGIONAL, MCCLAIN INDUSTRIES, PROVIDENT INSURANCE, DOLLAR TREE, JOB

M.D. Fla. | 2025-11-06
No. 5:25-cv-00494
2025 FFL 28618 District Court, M.D. Florida (2025)

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Holding

The court held that the plaintiff's complaint was deficient and granted an opportunity to amend.


Facts & Procedural History

Plaintiff, proceeding pro se, filed a complaint against numerous defendants seeking to proceed in forma pauperis. The complaint was described as vague…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

DANA HARSHMAN, Plaintiff,

V.

SYMETRY FINANCIAL,

WALGREENS, EMAIL EVIDENCE OF

ADVERTISEMENTS JOB HELPER

INDEED ZIPRECRUITER ANOTHER

ONE RECRUITERS; WALMART,

EMAIL EVIDENCE OF

ADVERTISEMENTS JOB HELPER

INDEED ZIP RECRUITER ANOTHER

ONE RECRUITERS; CVS ADMINISTRATIVE HEARING, SOUTHEASTERN GROCERS,

BENZER PHARMACY, PUBLIX

CORP., WINN DIXIE, CITRUS

MEMORIAL, SHANDS U OF F,

ENCOMPASS HEALTH, GENOA

PHARMACY, SUNTRUST BANK

OCALA, FL, MS BANK, CHASE,

TRUIST, ADVENT, MONROE

REGIONAL, MCCLAIN

INDUSTRIES, PROVIDENT

INSURANCE, DOLLAR TREE, JOB

HELPER ADS APPLIE ONLINE 2

TIMES; HEALTH SOUTH, COPY OF JOB ADVERTISEMENT;

GREYSTONE HEALTH HOME, G

SULLIVAN GMC, TOYOTA OCALA,

FL, HARRIS CORP., LOCKHEED

MARTIN, 12 POS; EBAY, NRA, TOBACCO ALCHOL, ABC, FIREARMS, JOHN/JANE DOE,

SINCE ABOUT 2005 BANKS 4 OF

THEM UNCOOPERATIVE IN

OPENING NEW PHARMACIES NEW

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

Case No.: 5:25-cv-00494-MSS-PRL

BUSINESSES; JOHN/JAMES DOE, 5

RETAIL CORP SHUTDOWN WITH

REPUBLICANS TALLAHASSEE;

WASHINGTON DC, MARION CO

COMMISSION, OCALA CITY

COUNCIL, MAYOR GUINN,

NOBODY GETTING ANYTHING

DONE; 17TH STREET DISCOUNT

PHARMACY, HOME DEPOT, JOB

AD EMAIL; JOHN/JANE DOE, VICE

PRESIDENT OF BUSINESS

DEVELOPMENT JOB AD APPLIED;

CHASE MANHATTAN BANK, DANA

STUDIES INVESTING

ACCOUNTING, OCALA, FL, KINDRED HEALTHCARE OCALA, FL, LOWES HOME IMPROVEMENT, JOB AD; AND BENZER WINN DIXIE

OCALA, FL, JOB AD EMAIL JAN 13

2020 LENSA;

Defendants, /

ORDER

As reflected in the case style, the Plaintiff, Dana Harshman, who is proceeding pro se, filed this action against more than 25 separate defendants. Plaintiff seeks to proceed in forma pauperis. (Doc. 5). For the reasons explained below, Plaintiff's motion to proceed in forma pauperis will be taken under advisement, and, in an abundance of caution, Plaintiff will be given an opportunity to amend the complaint.

I. Legal Standards

An individual may be allowed to proceed in forma pauperis if he declares in an affidavit that he is unable to pay such fees or give security therefor. 28 U.S.C. § 1915(a)(1).

However, before a plaintiff is permitted to proceed in forma pauperis, the Court is obligated to review the complaint to determine whether it is frivolous, malicious, fails to state a claim upon which relief may be granted[,] or seeks monetary relief against a defendant who is immune from such relief. Id. § 1915(e)(2). If the complaint is deficient, the Court is required to dismiss the suit sua sponte. Id.

II. Discussion

To summarize, Plaintiff's complaint consists of approximately five pages of vague, rambling, and incomprehensible verbiage. (Doc. 1). As best can be discerned, Plaintiff's complaint reflects a vast list of grievances, intertwined with unspecified references to employment discrimination, regulations, and other legal proceedings.

To begin, Plaintiff's allegations are vague, conclusory, non-specific, and lack well-pled facts. Indeed, Plaintiff's allegations are not even presented in the form of complete sentences. In short, Plaintiff's allegations are far from sufficient to state a claim. Plaintiff's complaint does not meet the pleading requirements set forth in the Federal Rules of Civil Procedure. Plaintiff's complaint does not contain a short plain statement of the claim showing that the pleader is entitled to relief, as required by Rule 8. Although Plaintiff is proceeding pro se, he is "still required to conform to procedural rules, and the court is not required to rewrite a deficient pleading." Washington v. Dept. of Children and Families, 256 F. App’x 326, 327 (11th Cir. 2007).

Out of an abundance of caution, the Court will provide Plaintiff with an opportunity to file an amended complaint to clarify the bases for his claim. Plaintiff must provide the Court with sufficient information and in a coherent manner so that it can perform the review required under § 1915. The amended complaint must clearly state the legal theory or theories

upon which Plaintiff seeks relief and explain with factual allegations how defendant(s) are responsible. Plaintiff should carefully consider whether he can allege a claim in good faith because pursuing frivolous claims could lead to the imposition of sanctions.

III. Conclusion

Accordingly, Plaintiff's motion to proceed in forma pauperis (Doc. 5) is TAKEN UNDER ADVISEMENT, and Plaintiff shall have until November 20, 2025, to file an amended complaint. The amended complaint must comply with all pleading requirements contained in Rules 8, 9, 10, and 11 of the Federal Rules of Civil Procedure as well as those contained in the Local Rules of the Middle District of Florida. Failure to comply with this Order may result in a recommendation that this action be dismissed for failure to prosecute pursuant to Local Rule 3.10.

Further, Plaintiff is cautioned that despite proceeding pro se, he is required to comply with this Court's Local Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. Plaintiff may obtain a copy of the Local Rules from the Court's website (http:w.flmd.uscourts.gov) or by visiting the Office of the Clerk of Court. Also, resources and information related to proceeding in court without a lawyer, including a handbook entitled Guide for Proceeding Without a Lawyer, can be located on the Court's website (http://www.flmd.uscourts.gov/pro_se/default.htm). Plaintiff should also consult the Middle District of Florida's Discovery Handbook for a general discussion of this District's discovery practices (see http://www.flmd.uscourts.gov/civil-discovery-handbook).

DONE and ORDERED in Ocala, Florida on November 6, 2025.

PHILIP R. LAMMENS

United States Magistrate Judge

Copies furnished to:

Counsel of Record

Unrepresented Parties


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