Opinion

Ciacci v. United States Department of Justice

Court
District Court, District of Columbia
Filed
Dec 27, 2012
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 I)ISTRICT CoURT F I l_ E D

FoR THE DISTRICT oF CoLUMBIA

{JEC 2 7 2012

) C|erk, U.S. District and

MICHAEL CIACCI ) Bankruptcy Courts

)

Plaintiff, )

)

v. § civil A¢rion NO. [2_- 2 O

U.S. DEPARTMENT OF JUSTICE, et al., )

)

Defendants. )

)

MEMORANDUM OPINION

This matter is before the Court on plaintiff s application to proceed in forma pauperis and

his pro se complaint. The Court will grant the application and dismiss the complaint.

It appears that plaintiff submitted a tort claim under the Federal Tort Claims Act

("FTCA") which in relevant part provides that the "United States shall be liable [for tort claims]

in the same manner and to the same extent as a private individual under like circumstances." 28

U.S.C. § 2674(a). Plaintiff`s complaint is so confusing and disorganized that the Court cannot

discern the nature of his claims. It is not clear whether plaintiff intends to bring a civil rights

action against individual government officials, or a civil action under the FTCA against the

United States, or whether plaintiff instead intends to file a petition for a writ of mandamus.

Rule 8(a) of the Federal Rules of Civil Procedure requires that a complaint contain a

short and plain statement of the grounds upon which the Court’s jurisdiction depends, a short and

plain statement of the claim showing that the pleader is entitled to relief, and a demand for

judgment for the relief the pleader seeks. Fed. R. Civ. P. 8(a). The purpose of the minimum

standard of Rule 8 is to give fair notice to the defendants of the claim being asserted, sufficient to

prepare a responsive answer, to prepare an adequate defense and to determine whether the

doctrine ofresjudicata applies. Brown v. Calzfano, 75 F.R.D. 497, 498 (D.D.C. 1977). As

drafted, plaintiffs pleading fails to accomplish even these minimal goals. Accordingly, the

complaint will be dismissed.

An Order accompanies this Memorandum Opinion.

DATE;

L United'§’tates District Judge

) ,7/ | c l

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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