Opinion

Smith v. United States of America

Court
District Court, District of Columbia
Filed
Mar 31, 2011
Status
Published
On the bench
Judge John D. Bates
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

FILED

UNITED sTATEs Dlsrnic"r coURT stem FAR _3 _l 29"

<»~

)

Julia V. Smith, )

)

Plaintiff, )

)

v. ) Civil Action No. ‘ 5

)

USA, D.C., )

)

Defendants. )

)

MEMoRANDUM oPINIoN

This matter is before the Court on its initial review of plaintiff s pro se complaint and

application for leave to proceed in forma pauperis The Court will grant the in forma pauperis

application and dismiss the case because the complaint fails to meet the minimal pleading

requirements of Rule 8(a) of the Federal Rules of Civil Procedure.

Pro se litigants must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch,

656 F. Supp. 23 7, 239 (D.D.C. 1987). Rule 8(a) of the Federal Rules of Civil Procedure requires

complaints to contain "(l) a short and plain statement of the grounds for the court's jurisdiction

[and] (2) a short and plain statement of the claim showing that the pleader is entitled to relief."

Fed. R. Civ. P. S(a); see Ashcroft v. Iqbal, 129 S.Ct. 1937, 1950 (2009); Ciralsky v. CIA, 355

F.3d 661, 668-71 (D.C. Cir. 2004). The Rule 8 standard ensures that defendants receive fair

notice of the claim being asserted so that they can prepare a responsive answer and an adequate

defense and determine whether the doctrine of res judicata applies. Brown v. Callfano, 75

F.R.D. 497, 498 (D.D.C. 1977).

Plaintiff, a resident of Wayne, Maine, sues the United States and what is presumed to be

the District of Columbia. The complaint, consisting mostly of disjointed phrases and rambling

statements, fails to provide any notice of a claim. Plaintiff suggests, inter alia, that she is seeking

agency records under the Freedom of Inforrnation Act ("FOIA"), 5 U.S.C. § 552, but she has not

named any federal agencies as defendants to this action and alleged in the complaint that she was

improperly denied agency records. Hence, the Court will dismiss the complaint in its entirety

without prejudice. A separate order accompanies this Memorandum Opinion.

,¢/\ASM~

UnitedvStates District Judge

Dare; march "( , 2011

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.