Opinion

Hickman v. Copyright Royalty Board

Court
District Court, District of Columbia
Filed
Jul 23, 2009
Status
Published
On the bench
Judge Richard W. Roberts
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

PILED

UNITED STATES DISTRICT COURT JUl 13 L;~Jj

FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District ann

Bankruptcy Courts

DERIAN DOUGLAS HICKMAN, )

)

Plaintiff, )

)

v. ) Civil Action No. 09 1362

)

COPYRIGHT ROYALTY BOARD, )

)

Defendant. )

MEMORANDUM OPINION

This matter comes before the court on review ofplaintiffs 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 drafted

by lawyers. See Haines v. Kerner, 404 U.S. 519, 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) ofthe Federal Rules of Civil Procedure requires that a complaint

contain a short and plain statement ofthe 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. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977).

Plaintiff demands "payment of any royalty payments for use of copyrights, trademarks,

[and] patents," an amount which "could exceed [$] 1 billion." Compl. at 1. As drafted, the

complaint fails to comply with Rule 8(a) because it fails to include a short and plain statement

showing that plaintiff is entitled to relief. For this reason, the complaint will be dismissed

without prejudice. An Order consistent with this Memorandum Opinion is issued separately.

United States District Judge

Date: r ". ,.,

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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