Opinion

Hernandez v. Holder

Court
District Court, District of Columbia
Filed
Feb 14, 2011
Status
Published
On the bench
Judge Colleen Kollar-Kotelly
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

FILED

UNITED STATES DISTRICT COURT

')~ .

FoR THE 1)1sTR1CT oF CoLUMmA FEB 1 '* fw

C|erk, U.S. District & Bankruptcy

courts for the District of Co|umbla

HECTOR ERNESTO HERNANDEZ, )

)

Plaintiff, )

) ' l' r

v_ ) Civil Action No.

l

ERIC HOLDER, )

)

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 plaintiff s 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. 5 l9, 520 (1972). Even pro se litigants, however,

must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch, 656 F. Supp. 237, 239

(D.D.C. 1987). Rule 8(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. 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 of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. l977).

Plaintiff submits his complaint on preprinted form without attachments. The sections

titled "Statement of Claim" and "Relief’ are blank. Wholly absent from the pleading are any

factual allegations, without which the defendant does not have fair notice of the claims asserted

or the relief demanded. The complaint utterly fails to comply with Rule S(a) and it will be

dismissed.

An Order consistent with this Memorandum Opinion is issued separately.

me war

United States District Judge l

DATE; Fed. ’7‘/ Jl@/'

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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