Willie J. Mitchell, Sr. v. The State Court of Georgia
── Willie J. Mitchell, Sr. v. The State Court of Georgia ──
Case No.: 25-11769
Court: Court of Appeals for the Eleventh Circuit
Date: April 02, 2026
Category: NEW
USCA11 Case: 25-11769 Document: 19-1 Date Filed: 04/02/2026 Page: 1 of 11
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-11769
Non-Argument Calendar
____________________
WILLIE J. MITCHELL, SR.,
Plaintiff-Appellant,
versus
THE STATE COURT OF GEORGIA,
JUDGE SUSAN E. EDLEIN,
JAMIE MACK,
Assistant Solicitor,
DENNIS J. MURPHY,
OFFICER JASON WESCOTT,
City of Roswell Police Officer, et al.,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:25-cv-01186-TCB
____________________
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2 Opinion of the Court 25-11769
Before ROSENBAUM, GRANT, and HULL, Circuit Judges.
PER CURIAM:
Plaintiff Willie Mitchell Sr., proceeding pro se, appeals the
district court’s dismissal of his amended complaint under 28 U.S.C.
§ 1915 for failure to state a claim and as frivolous. After careful
review, we affirm.
I. BACKGROUND
A. Original Complaint
In March 2025, the district court allowed pro se plaintiff
Willie Mitchell Sr. to proceed in forma pauperis and file his original
complaint.
Mitchell’s original complaint (1) contained four paragraphs
of factual allegations, mostly focusing on allegedly false testimony
during his 2009 state DUI trial for driving under the influence, and
(2) named the defendants as the State of Georgia, a state court
judge, attorneys, and witnesses involved in his 2009 trial. The
original complaint also alleged non-defendant police officers
committed retaliatory sexual acts on Mitchell for his prior
complaints about another police officer.
Mitchell’s complaint asserted claims under the False Claims
Act, the Fourteenth Amendment’s Equal Protection Clause, and
Georgia law.
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25-11769 Opinion of the Court 3
B. District Court’s April 2, 2025, Order
On preliminary review of Mitchell’s complaint, the district
court found Mitchell’s claims were “impossible to decipher.” The
district court instructed that Mitchell “need[ed] to clarify his factual
allegations and organize his complaint so that he states a
legal claim.”
The district court ordered Mitchell to file an amended
complaint within twenty-one days. The district court required that
any amended complaint do the following:
(1) comply with the pleading requirements of Rule 8
of the Federal Rules of Civil Procedure, including by
alleging the basis for this Court’s subject-matter
jurisdiction; (2) provide sufficient, non-conclusory
factual allegations that support each claim;
(3) identify each cause of action in separate counts of
the complaint, providing within each count a succinct
explanation of the legal
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}