Opinion

Bagby v. Xto Energy Inc.

Court
District Court, District of Columbia
Filed
Dec 14, 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

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FILED

usc 142012

Cierk, u.s. assur 1a s1 k

C0urts !o.r the Disfrict oi‘“(])or|iixir)rilii'a

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CEDRIC WAYNE BAGBY, )

Plaintiff, §

v, § Civil Action No.

FORMER PRESIDENT OF §

XTO ENERGY, )

Defendant. §

MEMORANDUM OPINION

This matter is before the Court on consideration of the plaintiffs application to proceed

in forma pauperis and pro se complaint. The application will be granted, and the complaint will

be dismissed.

Rule S(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. S(a). The purpose of the minimum

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

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

doctrine of res judicata applies. Brown v. Calzfano, 75 F.R.D. 497, 498 (D.D.C. 1977). Here,

the complaint pertains to the acquisition of XTO Energy by EXxonMobil, and reflects the

plaintiff s musings on the oil and gas industry. As drafted, the plaintiff s complaint fails to

comply with Rule S(a). According, the complaint will be dismissed without prejudice An Order

consistent with this Memorandum Opinion is issued separately.

DATE:

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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