Opinion

Banks v. Food and Drug Administration

Court
District Court, District of Columbia
Filed
Jan 17, 2012
Status
Published
On the bench
Judge James E. Boasberg
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

UNITED STATES DISTRICT COURT F l L E D

FOR THE DISTRICT 0F COLUMBIA

.|AN 1 7 2012

C|erk, U.S. D|strlct & Bankruptcy

RAYNOLDO BANKS, Courts for the Dlstrict of columbia

Plaintiff,

v, Civil Action No.

FOOD AND DRUG ADMINISTRATION,

\J\)§/§/L/\J\./£\/

Defendant.'

MEMORANDUM OPINION

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

forma pa‘uperisand pro se civil complaint. The court will grant the application, and dismiss the

complaint.

The Court has reviewed the plaintiff s complaint, keeping in mind that complaints filed

bypro 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.

23 7, 239 (D.D.C. l987). Rule S(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 defendant of _:the claim being

' Although the plaintiff named the "Fedral Druge Aminstrions" as the party

defendant, and the Court presumes that he intended to sue the Food and Drug Administration.

1

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. l977).

lt appears thzffhe plaintiff has been prescribed the drug risperidal, and he complains of its

side effects. Wholly absent from the pleading are any factual allegations, without which the

plaintiff cannot assert any entitlement to the monetary damages he demands. 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.

Uni d Sta4s

walling

DATE: §0\ nl I'OH/

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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