Opinion

Adams v. Department of Treasury

Court
District Court, District of Columbia
Filed
Jan 13, 2014
Status
Published
On the bench
Judge Richard J. Leon
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)

RONALD S. ADAMS )

)

Plaintiff, )

)

v. ) Civil Case No. 13-1967 (RJL)

)

DEPARTMENT oF TREASURY, er al. ) F '_[ I_ E D

)

Defendants. ) -|AN 1 3 2014

) Clsrk, U.S. District & Bankruptcy

Courts for the District of Columbia

MEMORANDUM OPINION

Ronald S. Adams, proceeding pro se, brings a "Complaint/Request for Declaratory

Judgment; Altematively, Application for Writ of Mandamus" against the U.S. Treasury

Department and Intemal Revenue Service, alleging that they have failed both to maintain

and to provide him with copies of various records in violation of the Federal Records Act,

the Freedom of Inforrnation Act, the Privacy Act, and common law. See Compl. at 1,

38~40 [Dkt. #1]. His complaint is 40 pages long and contains 97 lettered or numbered

paragraphs (many of which contain additional sub-paragraphs and long bulleted lists of

quotations, citations, and other extraneous material), not to mention 65 footnotes. See

generally z'a’. The complaint is also accompanied by more than 30 exhibits totaling 153

pages in length. See Exs. l~30 [Dkt. #l-Z].

Although it is true that pro se litigants’ complaints are held to "less stringent

standards" than those filed by trained attorneys, Haz`nes v. Kerner, 404 U.S. 519, 520

(1972), they still must comply with the Federal Rules of Civil Procedure, including the

requirements that they "include ‘a short and plain statement of the claim showing that the

pleader is entitled to relief,’ and that ‘[e]ach averment of a pleading be simple, concise,

and direct,"’ Karz`m-Panahi v. U.S. Corzgress, 105 F. App’x 270, 273 (D.C. Cir. 2004)

(quoting FED. R. CIV. P. 8(a)(2), (d)(l)). These rules are intended "to give fair notice of

the claim being asserted so as to permit the adverse party the opportunity to file a

responsive answer, prepare an adequate defense and determine whether the doctrine of

res judicata is applicable." Brown v. Calzfano, 75 F.R.D. 497, 498 (D.D.C. 1977). They

also "serve[] to sharpen the issues to be litigated and to confine discovery and the

presentation of evidence at trial within reasonable bounds." Id. A complaint that is

excessively long, rambling, disjointed, incoherent, or full of irrelevant and confusing

material does not meet the Rule’s pleading requirements, even when they are liberally

construed in a pro se litigant’s favor. Id. at 499 (collecting cases).

Plaintiff’ s complaint gets off to an inauspicious start, opening with an introduction

that foreshadows the Rule 8 problems to follow:

COMES NOW Private CitiZen Ronald S. Adams, Plaintiff Citizen In Party,

in his own right, Judiciary Act of 1789 § 35, Faretta v. California, 422 US

809, and with Assistance of Counsel, Id., AMENDMENT VI, UNITED STATES

CONSTITUTION, and the INTERNATIQNAL CovENANT oN CivlL AND

POLITICAL RIGHTS, implemented by Exr~;curive ORDER 13107 on

December l0, 1998, 63 Federal Register 240, pp 68991-68993 and for his

cause(s) of action, avers: . . . .

Compl. at l. In telling the Court who he is and that he is represented by counsel (the

latter of which isn’t even true), plaintiff somehow manages to cite a statute, a case, the

Constitution, a multilateral treaty, an Executive Order, and the Federal Register. The rest

2

of the complaint is just as convoluted. Plaintiff alleges vague "administrative" and

"collateral breaches," supported by a meandering, blow-by-blow walkthrough of his

correspondence with govemment employees, as well as a positively overwhelming

number of citations to, and quotations from, all sorts of legal authorities. Indeed, "it is

difficult to decipher a coherent, viable cause of action" anywhere in the complaint as it is

currently drafted T.M. v. District of Columbz`a, --- F. Supp. 2d ----, 2013 WL 445529l

(D.D.C. Aug. l9, 2013). Such "[u]necessary prolixity in a pleading places an unjustified

burden on the court and the party who must respond to it because they are forced to select

the relevant material from a mass of verbiage." Cz`ralsky v. C.I.A., 355 F.3d 661, 669

(D.C. Cir. 2004) (intemal quotation marks omitted). This is precisely the burden that

Rule 8 is intended to alleviate.

Because the complaint fails to comply with Rule 8, it will be dismissed without

prejudice. See, e.g., Hamrick v. United States, Civ. No. 10-857, 2010 WL 3324721, at *l

(D,D.C. Aug. 24, 2010) ("[C]ourts may dismiss an action sua sponte under Rule

8(a)(2) where the complaint sets forth a meandering, disorganized, prolix narrative or is

so verbose, confused and redundant that its true substance, if any, is well disguised."

(intemal quotation marks omitted)). An appropriate order shall accompany this

Memorandum Opinion.

ll iii

RICFLA§;) J. LEoN

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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