UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No.: 21-cv-24153-GAYLES

KEVIN JOSEPH FOTI,

Plaintiff, v.

FBI, et al.,

Defendants, ______________________________/

ORDER DISMISSING CASE

THIS CAUSE comes before the Court on a sua sponte review of the record. Plaintiff, Kevin Joseph Foti, appearing pro se, filed this action on November 24, 2021. [ECF No. 1]. Plaintiff also filed a Motion for Leave to Proceed In Forma Pauperis. Because Plaintiff has moved to proceed in forma pauperis, the screening provisions of the Prison Litigation Reform Act,

(e), are applicable. Pursuant to that statute, the court is permitted to dismiss a suit “any time [] the court determines that . . . (B) the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.”

§ 1915(e)(2). The standards governing dismissals for failure to state a claim under § 1915(e)(2)(B)(ii) are the same as those governing dismissals under Federal Rule of Civil Procedure 12(b)(6). Alba v. Montford,

(11th Cir. 2008). To state a claim for relief, a pleading must contain “(1) a short and plain statement of the grounds for the court’s jurisdiction . . . ; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought.” Fed. R. Civ. P. 8. To survive a motion to dismiss, a claim “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,

(2009) (quoting Bell Atl. Corp. v. Twombly,

(2007)). “[T]he pleadings are construed broadly,” Levine v. World Fin. Network Nat'l Bank,

(11th Cir. 2006), and the allegations in the complaint are viewed in the light most favorable to the plaintiff, Hawthorne v. Mac Adjustment, Inc.,

(11th Cir. 1998). At bottom, the question is not whether the claimant “will ultimately prevail... but whether his complaint [is] sufficient to cross the federal court’s threshold.” Skinner v. Switzer,

(2011). In his Complaint, Plaintiff appears to allege that he is the child of Marilyn Monroe and President John F. Kennedy and that his life has been threatened. Plaintiff fails to satisfy the pleading requirements of the Federal Rules of Civil Procedure. Plaintiff lists dozens of De- fendants in this action but fails to allege how those Defendants are responsible for any wrong- doing. Indeed, the Court is unable to discern what claims Plaintiff is attempting to bring in this action and what factual allegations are intended to support each claim against each specific de- fendant. As a result, this action must be dismissed without prejudice for failure to state a claim. Based thereon, it is ORDERED AND ADJUDGED that this action is DISMISSED without prejudice and CLOSED for administrative purposes. All pending motions are DENIED as MOOT. DONE AND ORDERED in Chambers at Miami, Florida, this 29th day of November, 2021.

Of Dae UNITED STATES DISTRICT JUDGE