Opinion

Davis v. District of Columbia

Court
District Court, District of Columbia
Filed
Sep 26, 2013
Status
Published
On the bench
Judge Beryl A. Howell
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

FI[.ED

UNITED srATEs DISTRICT coURT SEP 2 6 2013

FOR THE DISTRICT OF COLUMBIA C|Brk, U.S. Dlstrlct & Bankruptcy

courts for the Dlstrlct of Co|umbia

Anthony Leroy Davis, )

)

Plaintiff, )

)

v. ) Civil Action No.

)

District of Columbia el al., )

)

Defendants. )

)

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiffs 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 S(a) of the Federal Rules of Civil Procedure.

Pro 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 "(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. S(a); see Ashcroft v. lqbal, 129 S.Ct. 1937, 1950 (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, 493 (D.D.c. 1977).

Plaintiff is a Kansas state prisoner incarcerated in Lansing, Kansas. He purports to sue

the District of Columbia, the Intemal Revenue Service, President Barack Obama in his

individual and official capacity, and "Central Banking Class." Compl. Caption. Invoking 42

U.S.C. § 1983, plaintiff alleges in a perplexing statement that the defendants "were deliberately

indifferent to the substantial ‘maritime contract’ being withheld and under a ‘duty’ to disclose

that evidence favorable to plaintiff[] . . . and hence violated her [sic] rights under the First

Amendment . . . and the due process provisions of the Fourteenth Amendment." Compl. at 4. In

addition, plaintiff purports to bring claims of negligence and malice, but the supporting

statements are even more mystifying than those supporting the § 1983 claim. See id. at 3. Since

the complaint provides no notice of a cognizable claim, it fails to comply with Rule 8(a) and,

thus, will be dismissed. A separate Order accompanies this Memorandum Opinion.

/Z//»%,%e/W

Ur’iited Sfates District Judge

Date: September , 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.

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