Opinion

Kenney v. Swift Trans, Incorporated

Court
District Court, District of Columbia
Filed
Jul 31, 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

F§'LED

.!UL 3 l 2012

UNITED STATES DISTRICT CoURT

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ANTHONY KENNEY, )

Plaintiff, §

v_ § Civil Action No. 12

SWIFT TRANS INC., et al., §

Defendants. §

MEMORANDUM OPINION

This matter comes before the court on review of plaintiff s application to proceed in

forma pauperis and pro se civil complaint. The Court will grant the application, and dismiss the

complaint.

The Court has reviewed plaintiffs complaint, keeping in mind that complaints 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. Jarrell v. Tz`sch, 656 F. Supp. 237, 239

(D.D.C. 1987). 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. 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 of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977).

The "Draft Complaint," replete with typographical errors and sentence fragments,

mentions an arbitration proceeding. Apparently plaintiff is dissatisfied with the outcome, yet he

neither articulates a basis for this Court’s jurisdiction, states a claim showing an entitlement to

relief, nor demands any particular form of relief. As drafted, the Complaint fails to comply with

Rule S(a), and it will be dismissed. An Order consistent with this Memorandum Opinion is

issued separately.

United §`t‘ale'§ District Judge

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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