Opinion

Neal v. Kane

Court
District Court, District of Columbia
Filed
Jul 23, 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

UN1TE1) sTATEs 1)1sTR1CT CoURT

FoR THE DISTRICT oF coLUMBL». ii t » ~

ROBERT D. NEAL, )

Plaintiff, §

v. § Civil Action No. 1 2

THOMAS R. KANE, §

Defendant. §

MEMORANDUM OPINION

This matter comes before the court on review of plaintiffs 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 Hal`nes 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 8(a) of the F ederal 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 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. Calz'fano, 75 F.R.D. 497, 498 (D.D.C. 1977).

Plaintiff is a prisoner who currently is incarcerated at the Federal Correctional institution

in Terre Haute, Indiana. He alleges to have "suffered mightily at the hands of this Defendant,"

Compl. 11 8, the Deputy Director of the Federal Bureau of Prisons, who has breached a settlement

agreement, see z`a'. at 7. Missing from the Complaint are any allegations with respect to the

nature or content of the settlement agreement. Nor does the Complaint specify the "bad acts,"

z`a’., that defendant allegedly has committed.

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 Stat`e's District Judge

DATE: v Xt¢[l_?{r

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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