Opinion

Moreno-Baltierra v. United States Health & Human Services

Court
District Court, District of Columbia
Filed
Dec 2, 2013
Status
Published
On the bench
Judge Colleen Kollar-Kotelly
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

FILED

UNITED STATES DISTRICT COURT clerk ~ 2 2013

FoR THE r)isrmcr oF CoLUMBIA coun§ :driiil;li)tis'irti§g?'¢';'.‘,',‘,',‘,’,f§l§

Dominique Moreno-Baltierra, )

)

Plaintiff, )

)

v. ) Civil Action No. /;"'

)

United States )

Health & Human Services et al., )

)

Defendants. )

)

MEMORANDUM OPINION

'l`his matter is before the Court on its initial review of plaintiff’ s pro se complaint and

application for leave to proceed in forma pauperis The Court will grant the in forma pauperis

application and dismiss the case because the complaint fails to meet the minimal pleading

requirements of Rule 8(a) of the Federal Rules of Civil Procedure.

Pr0 se litigants must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch,

656 F. Supp. 237, 239 (D.D.C. 1987). Rule S(a) of the Federal Rules of Civil Procedure requires

complaints to contain "(l) 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, 129 S.Ct. 1937, 1950 (2()09); 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 purports to sue the U.S. Department of Health and Human Services and the

States of Califomia and Kentucky, or agencies within those states. The complaint, however,

consists of incoherent statements and various unexplained attachments Since the complaint

provides no notice of a claim, it fails to comply with Rule 8(a) and, thus, will be dismissed A

separate Order accompanies this Memorandum Opinion.

C,<,»ua>} 7/" v< .»,<lfarieélz

a United States District Judge

Date: November , 2013

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.