Opinion

Bey v. State of Minnesota

Court
District Court, District of Columbia
Filed
Nov 19, 2012
Status
Published
On the bench
Judge John D. Bates
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.3%

The opinion

FILED

UNITEI) sTATEs I)ISTRICT CoURT NI.)’V t 9 2012

FCR THE DISTRICT oF CGLUMBIA cclen<, u,s. r)»sr_ricr_& Bankruprcy

ourts for the Distrlct of Culumbla

MARLoN TERRELL PRATT BEY,

Petitioner,

)

)

§

v. ) CivilAction No. 12 5

)

)

)

)

)

STATE OF MINNESOTA FOURTH

DISTRICT JUDICIAL BRANCH, et al.,

Respondents.

MEMORANDUM OPINION

This matter comes before the Court on review of the petitioner’s application to proceed in

forma pauperis and pro se petition for a writ of mandamus. The Court will grant the application,

and dismiss the petition.

The Court is mindful that pleadings filed by pro se litigants are held to less stringent

standards than those applied to formal pleadings drafted by lawyers. See Haines‘ v. Kerner, 404

U.S. 519, 520 (1972). Even pro se litigants, however, must comply with the Federal Rules of

Civil Procedure. Ja)'rell v. Tz'sch. 656 F. Supp. 237, 239 (D.D.C. 1987). At a minimum, a

complaint must 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 defendant of the claim

being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense and to

determine whether the doctrine of resjudicata applies. Brown v. Calzfano, 75 F.R.D. 497, 498

(D.D.C. 1977). These principles apply equally to a petition for a writ of mandamus.

Petitioner alleges that his criminal conviction has been overturned and the State of

Minnesota intends "to try and prosecute [him] again for the same case the Minnesota Supreme

Court has overtumed." Pet. at 2 (page number designated by the Court). He submits an

"Affidavit of Fact" and a "Notice of Absolute Forgiveness and Discharge Forever of All Known

and Unknown Estate Debts, Duties, Claims, and Liabilities," among other exhibits, yet the Court

cannot discern what claim he brings against the named defendants, or a basis for this Court’s

jurisdiction Accordingly, the Court will deny the petition and dismiss this action.

An Order consistent with this Memorandum Opinion is issued separately.

@3’\»®4°.»~

V_ United/States District Judge

DATE; )\/.> v. f/ w

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.