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Civil Rights: Other | Florida Southern
Notice (Other)
Joint NOTICE re Trial Scheduling by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson (Trevisani, Dante)
Civil Rights: Jobs | Florida Middle
Order on Motion to Dismiss / Failure to State a Claim
ENDORSED ORDER granting 32 Motion to Dismiss for Failure to State a Claim. Plaintiff's Second Amended Complaint is a shotgun pleading because it fails to identify which of the two defendants is called to respond to Counts I and II and said counts each assert two claims pled as one. Notably, it also appears redundant to include the Secretary in his official capacity since any such claims against him would be tantamount to a claim against the Florida Department of Corrections. Also, the Court agrees that Plaintiff's disability claims (Counts III through VIII) appear administratively barred because the EEOC charge did not make any reference to these claims and the continuing violation doctrine does not apply to discrete acts of discrimination regardless of whether there are overlapping facts. That said, the Court will permit Plaintiff a final opportunity to amend his claims if he can do so in good faith. Any amended complaint shall be filed within fourteen (14) days of this Order and failure to file an amended complaint during that time shall result in the dismissal of this action with prejudice and without further notice. Signed by Judge James S. Moody, Jr on 7/10/2026. (JG)
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