“we do not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face”
How later courts described this case
- “we do not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ANTHONY BRIAN MALLGREN, )
)
Plaintiff, )
)
v. ) Civil Action No. 1:26-cv-01011 (UNA)
)
UNITED STATES OF AMERICA, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on its initial review of Plaintiff’s pro se Complaint
(“Compl.”), ECF No. 1, and Application for Leave to Proceed in forma pauperis (“IFP”). The
Court grants Plaintiff’s IFP Application, and for the reasons discussed below, it dismisses the
Complaint, and this matter, without prejudice.
Plaintiff, a resident of New York, sues the United States. See Compl. at 1. The Complaint
is difficult to follow. Plaintiff broadly alleges that the United States has “lost a prior patent
application filed with the United States Patent and Trademark Office,” and has allowed “its justice
system to be used by states as a mechanism of sponsorship; the legal argument does not matter. It
is an entirely fraudulent institution.” See id. at 1–2. He contends that this fraud has manifested in
the manipulation of Medicare and Medicaid, the educational system, and has spread to state
governments, and he believes that participants in government programs are being manipulated.
See id. at 2. Next, he alleges that the state of New York is “teaching people to malinger to gain
access to social services,” and “utilizing diagnoses as a method to discredit people.” See id. He
contends that he “has experienced the violation of almost all human rights while in New York,
none of which have been resolved,” and that “societal dynamics as manifested in the environment
drawing out evolutionary regression is sufficient proof that communal life in New York has no
purpose.” See id. at 3. Plaintiff closes the Complaint by advocating for the Court to repeal the
Eleventh Amendment and to “declare the prohibition of medically assisted suicide
unconstitutional.” See id.
Pro se litigants must comply with the Rules of Civil Procedure, see Jarrell v. Tisch, 656 F.
Supp. 237, 239–40 (D.D.C. 1987), and here, the Complaint fails to comply with Rule 8(a) of the
Federal Rules of Civil Procedure, which requires a pleading to contain “(1) a short and plain
statement of the grounds for the court’s jurisdiction [and] (2) a short and plain statement of the
claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a); see Ashcroft v. Iqbal, 556
U.S. 662, 678–79 (2009); Ciralsky v. CIA, 355 F.3d 661, 668–71 (D.C. Cir. 2004). The Rule 8
standard ensures that defendants receive fair notice of the claim being asserted so that they can
prepare a responsive answer and an adequate defense and determine whether the doctrine of
res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977).
Plaintiff’s allegations are neither clear nor direct, see Fed. R. Civ. P. 8(d)(1), and the
paragraphs are not limited to a single set of circumstances, see Fed. R. Civ. P. 10(b). When, as
here, a pleading “contains an untidy assortment of claims that are neither plainly nor concisely
stated, nor meaningfully distinguished from bold conclusions, sharp harangues and personal
comments [,]” it does not fulfill the requirements of Rule 8. Jiggetts v. Dist. of Columbia, 319
F.R.D. 408, 413 (D.D.C. 2017), aff’d sub nom. Cooper v. Dist. of Columbia, No. 17-7021, 2017
WL 5664737 (D.C. Cir. Nov. 1, 2017). Put differently, “[a] confused and rambling narrative of
charges and conclusions . . . does not comply with the requirements of Rule 8.” Cheeks v. Fort
Myer Constr. Corp., 71 F. Supp. 3d 163, 169 (D.D.C. 2014) (citation and internal quotation marks
omitted). Plaintiff’s Complaint falls squarely into this category, failing to provide the Court or the
Defendant with adequate notice of a claim, and falling short of establishing the Court’s subject
matter jurisdiction. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (“we do not require
heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible
on its face”); see also Iqbal, 556 U.S. at 679 (2009) (“Determining whether a complaint states a
plausible claim for relief will . . . be a context-specific task that requires the reviewing court to
draw on its judicial experience and common sense.”).
Accordingly, this matter is dismissed without prejudice. A separate Order accompanies
this Memorandum Opinion.
DATE: June 1, 2026 /s/ CHRISTOPHER R. COOPER
United States District Judge