Opinion

Martinez v. Rosales Law Firm, LLP

Court
District Court, District of Columbia
Filed
Sep 7, 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

FILED

UNITED STATES DISTRICT COURT

FoR THE DiSTRICT oF CoLUMBIA SEP 0 7 2010

) C'€*'k, U.S. Distrlct and

Marta Martinez ) Bankruptcy courts

)

Plaintiff, )

)

v. § Civil Action No. __ ( Lo/O 9

Rosales Law Firm, LLP, )

)

Defendant. )

)

MEMORANDUM OPINION

This matter is before the Court on its initial review of the plaintiffs 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 S(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. 237, 239 (D.D.C. 1987). Rule S(a) ofthe 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 Ashcrofl v. Iqbal, 129 S.Ct. 1937, 1950 (2009); Cirals/g) 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 res judicata applies. Brown v. Califano, 75

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

The plaintiff is a resident of El Paso, Texas, suing a law firm based there.’ The complaint

allegations are mostly unclear but the plaintiff accuses the law firm of deceptive trade practices,

misrepresentation and various other misdeeds that do not appear to stem from an attorney-client

relationship with her. See Compl. at 5. In any event, the complaint reveals no basis for federal

court jurisdiction or any notice of a claim. lt therefore will be dismissed."'

%i¢/;

/Un{tdd States District Judge

Date: August , 2010

‘ The plaintiff also lists 12 "Statutory & U.S. Constitutional Interpleaders," Case

Caption, but the complaint is too vague to determine whether grounds exist for them to "be

joined as defendants and required to interplead." Fed. R. Civ. P. 22.

2 A separate Order of dismissal accompanies this Memorandum Opinion.

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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