Opinion

Misu v. United States of America

Court
District Court, District of Columbia
Filed
Apr 2, 2009
Status
Published
On the bench
Judge Reggie B. Walton
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

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: FILED

APR 02 2009

UNITED STATES DISTRICT CoURT C'grk, u.s. msm'cr a

FoR THE 1)1sTR1cT oF CQLUMBIA a"kruptcy courts

T]RA MISU,

Plaintiff,

v. Civil Action No.

UNITED STATES OF AMERICA, et al.,

\/\J\J\J\/\é\J\/\/

Defendants.

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 Haz`nes v. Kerner, 404 U.S. 519, 520 (1972). Even pro se litigants, however, must

comply with the F ederal Rules of Civil Procedure. Jarrell v. Tz`sch, 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. Calzfano, 75 F.R.D. 497, 498 (D.D.C. l977).

The complaint sets forth no factual allegations of any kind, and the Court cannot

nd

determine the basis of her claims. 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 Opin` is issued separately.

5 t /

'@nit€e{States District Judge

Date: 257 .7/0 0 j

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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