Opinion

Colbert v. McCartny

Court
District Court, District of Columbia
Filed
Sep 24, 2010
Status
Published
On the bench
Judge Reggie B. Walton
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

The opinion

IJNITED sTATEs DISTRICT coURT E D

FoR THE DISTRICT oF C0LIJMBIA SEP 2 4 2010

C|¢rk. U.S. oiscrict and

ANroNio COLBERT, sankruptcy courts

)

)

Plaintiff, )

)

v. § civil A¢cion No. [C\) __

IUDGE MlCHAEL J. McCARTNY, )

Defendant. §

MEMORANDUM OPINION

This matter comes before the court on review of plaintiff’ s 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 draned

by lawyers. See Haines v. Kerner, 404 U.S. 5l9, 520 (l972). 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. l987). 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. 8(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. Calzfano, 75 F.R.D. 497, 498 (D.D.C. l977).

Plaintiff sues Judge McCamy because he "like many other harassed [plaintiff] and

discriminated against [him], using and abusing" the authority of his office. Compl. at 2. He

alleges that the defendant has accepted a bribe and he accuses the defendant of "perverting justice

with sick rebellious ways!" Id. Nowhere in the complaint does plaintiff include a short and plain

statement of a claim showing his entitlement to relief or a basis for the court’s jurisdiction. For

these reasons, the complaint fails to comply with Rule 8(a), and, therefore, it will be dismissed.

An Order consistent with this Memorandum Opinion is issued separately.

United States District Judge

DATE; B/'/ >/o/o

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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