Lorch v. Williams et al, No. 2:2024cv00018 - Document 14 (M.D. Fla. 2024)

Court Description: OPINION AND ORDER. Christopher Lorch's Amended Complaint (Doc. 9) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 3/22/2024. (BGS)

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Lorch v. Williams et al Doc. 14 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CHRISTOPHER LORCH, Petitioner, v. Case No.: 2:24-cv-18-SPC-KCD WILLIAMS, ROOKS, POLK, HUNT, CARDENAZ, COURTNEY JONES, JON P. CARNER, RECOVERY SOLUTIONS and HOUSTEN, Defendants. / OPINION AND ORDER Before the Court is Plaintiff Christopher Lorch’s Amended Complaint (Docs. 10 and 13). Lorch is an involuntarily committed resident of the Florida Civil Commitment Center, and he is litigating this case in forma pauperis. The Court dismissed Lorch’s initial complaint after reviewing it under 28 U.S.C. § 1915(e)(2) because it did not state any plausible claim. Lorch accused Defendant Williams of harassing him by doing things like flirting with other residents and breaking facility rules in front of Lorch, triggering a psychological crisis that resulted in other defendants writing three behavioral management reports. The Court found that Lorch failed to state a claim for deliberate indifference because he did not allege a risk of serious harm, and Dockets.Justia.com that Heck v. Humphrey, 512 U.S. 477 (1994) barred any claim attacking the substantiation of the behavioral management reports because they were not overturned. (See Doc. 9). Lorch’s Amended Complaint has the same deficiencies as his original complaint. He asserts the same claims based on the same factual allegations. Thus, the Amended Complaint fails to state a claim for the reasons set out in the Court’s prior Opinion and Order (Doc. 9), and the Court dismisses this action under 28 U.S.C. § 1915(e)(2). Accordingly, it is now ORDERED: Christopher Lorch’s Amended Complaint (Doc. 9) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. DONE and ORDERED in Fort Myers, Florida on March 22, 2024. SA: FTMP-1 Copies: All Parties of Record 2

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