dismissing a complaint sua sponte for failing to comply with Rule 8(a)
How later courts described this case
- dismissing a complaint sua sponte for failing to comply with Rule 8(a)
- finding no abuse of discretion where a district court dismissed a claim without prejudice for failure to comply with Rule 8(a)
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
LOUIS-ALEXANDRE NOEL ALBERT
DALBIS,
Plaintiff,
Case No. 24-cv-1434 (JMC)
v.
PUBLIC EMPLOYEES OF SECURITY AND
INTELLIGENCE SERVICES OF FRANCE
AND EUROPE, et al.,
Defendants.
MEMORANDUM OPINION
Pro se Plaintiff Louis-Alexandre Noel Albert Dalbis filed a civil complaint against various
Defendants, including the National Gendarmerie (of France), a group of unnamed “[p]ublic
employees of security and intelligence services” of Europe and France, and an individual named
Laurant Mauve-Cecile. ECF 1. For the reasons discussed below, the Court DISMISSES the
complaint for failure to comply with Federal Rule of Civil Procedure 8(a)(2).
Federal Rule of Civil Procedure 8(a)(2) requires civil complaints to include “a short and
plain statement of the claim showing that the pleader is entitled to relief.” It does not demand
“detailed factual allegations,” but it does require enough factual information “to raise a right to
relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).
These procedural requirements promote fairness in litigation—Rule 8(a) is intended to “give the
defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Id. (citing
Conley v. Gibson, 355 U.S. 41, 47 (1957)). Pleadings filed by pro se litigants are held to less
stringent standards than those applied to formal pleadings drafted by lawyers. See Haines v.
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Kerner, 404 U.S. 519, 520 (1972). But even pro se litigants must comply with the Federal Rules
of Civil Procedure.
Dalbis’s complaint does not satisfy these requirements. The complaint invokes the Torture
Victim Protection Act of 1991 and seeks five billion dollars in damages for “the same crime from
approximately 1996 to 2024.” ECF 1 at 3–4. The alleged “crime” at issue involves “multiple
attempts [on] [Dalbis’s] life” between 1996 and 2005, Dalbis being “approached by a female
person” who “used [intelligence] techniques” on him between 2005 and 2009, and “advanced
psychological manipulation . . . with the potential use of chemical products” between 2009 and
2024. ECF 1 at 7. Yet there are no well-pled factual allegations that describe this multi-decade
streak of unlawful conduct with any degree of detail capable of providing “fair notice” to
Defendants as to the basis of this action. See Twombly, 550 U.S. at 555. And although the Court
has also reviewed Dablis’s 148 pages of additional “documents in support of the complaint,” the
allegations therein offer little more than a series of confusing narratives describing, for example,
“a drug dealer . . . want[ing] to sell or give drugs to children” around 1996 or “the use of a female
person” to effect “Phagocytosis” upon Dalbis several years later. ECF 12 at 3, 12, 122. That is to
say, even construing the complaint and accompanying documents liberally, the Court is unable to
identify what cognizable harm Dalbis has suffered, who caused him that harm, and how the law
entitles him to any relief.
Dalbis’s complaint is therefore dismissed for failure to comply with Rule 8(a)(2). The
Court acknowledges that dismissing a case sua sponte is an unusual step, but the Court has the
authority to do so when plaintiffs fail to comply with procedural rules. See, e.g., Brown v. WMATA,
164 F. Supp. 3d 33, 35 (D.D.C. 2016) (dismissing a complaint sua sponte for failing to comply
with Rule 8(a)); Hamrick v. United States, No. 10-cv-857, 2010 WL 3324721, at *1 (D.D.C. Aug.
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24, 2010) (same); see also Ciralsky v. CIA, 355 F.3d 661, 668–69 (D.C. Cir. 2004) (finding no
abuse of discretion where a district court dismissed a claim without prejudice for failure to comply
with Rule 8(a)).
The Court will grant Plaintiff leave to refile within 30 days (i.e., by August 8, 2024) an
amended complaint that cures the existing deficiencies. If he does not file an amended complaint
within that timeframe, files an amended complaint that recycles the present complaint, or otherwise
fails to comply with Rule 8, this action may be dismissed with prejudice. Brown, 164 F. Supp. 3d
at 35. A separate order accompanies this memorandum opinion.
SO ORDERED.
__________________________
JIA M. COBB
United States District Judge
Date: July 9, 2024
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