Opinion

Hickman v. Department of Commerce

Court
District Court, District of Columbia
Filed
May 4, 2009
Status
Published
On the bench
Judge John D. Bates
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

,

UNITED STATES DISTRICT COURT FILED

FOR THE DISTRICT OF COLUMBIA MAY - 4 2009

DERIAN DOUGLAS HICKMAN ) NANCY MAYER WHITTINGTON CLERK

U.S. DISTRICT COURT'

)

Plaintiff, )

)

v. ) Civil Action No. U9 U816

)

THE DEPARTMENT OF COMMERCE, )

)

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 plaintiff's complaint, keeping in mind that a complaint filed by a

pro se litigant is held to a less stringent standard than is applied to a formal pleading drafted by a

lawyer. 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) 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. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977).

The sole factual allegation set forth in the complaint is that plaintiff has not received

--

"filings or payments" from the United States Patent and Trademark Office. Compi. Without

stating a basis for the claim, plaintiff seeks an award of at least $500 million for "royalties ... ,

also previous tax information from royalties and taxes paid, copys [sic] of all trademark filings,

copyright filings, patent filings." Id.

As drafted, the complaint fails to comply with Rule 8(a) and, therefore, the pleading will

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

separately.

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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