Opinion

Pereira v. Department of Treasury, Internal Revenue Service

Court
District Court, District of Columbia
Filed
Mar 18, 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

4

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courts or

Maria Lurdes Prior Pereira,

Plaintiff,

v. civil Acri<m N@. 056 8

Department of Treasury,

Defendant.

\/\./\/\./\/\J\y\/\/\./\y

MEMORANDUM OPlNlON

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

application for leave to proceed in forma pauperis. The C ourt will grant the in forma pauperis

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

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

Pro se litigants must comply with the F ederal Rules of Civil Procedure. Jarrell v. Tz`sch,

656 F. Supp. 237, 239 (D.D.C. l987). Rule S(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. 8(a); see Ashcrofl v. Iqbal, 129 S.Ct. l937, 1950 (2009); Cl'ralsky v. CIA, 355

F.3d 66l, 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 resjudicata applies Brown v. Calzfarzo, 75

F.R.D. 497, 498 (D.D.C. l977).

Plaintiff, a District of Columbia resident, sues the Department of Treasury for $50 billion

in damages. She seems to claim that the Department is corrupt and unprofessional because it

allegedly “dismissed a case filed at taxation court against Bessemer Trust Company and [New]

York Mayor [] Michael Bloomberg." Compl. at l. However, plaintiff attaches a letter from

Counsel for the Internal Revenue Service that states that the United States Tax Court dismissed

her case for lack of jurisdiction. Compl. Attach. "The United States Courts of Appeals . . . have

exclusive jurisdiction to review the decision of the Tax Court . . . ," 26 U.S.C. § 7482(a)(l), but

it is not clear from the complaint that plaintiff is seeking to appeal that decision. The complaint

simply fails to provide any notice of a claim and a basis for this Court’s jurisdiction. A separate

order of dismissal accompanies this l\/Iemorandum Opinion.

M~QM/~

Unitdlf States District Judge

Date: March /4. 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.

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