Opinion

Olive v. Robinson

Court
District Court, District of Columbia
Filed
Sep 1, 2017
Status
Published
On the bench
Judge Amy Berman Jackson
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 3.9%

The opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

JOSE MANUEL OLIVE, et al., )

)

Plaintiffs, )

)

v. ) Civil Action No. 17-45 (UNA)

)

MARY LOU ROBINSON, et al. , )

)

Defendants. )

MEMORANDUM OPINION

This matter is before the Court on the plaintiffs’ application to proceed in forma pauperis

and their pro se civil complaint.

Complaints filed by pro se litigants are held to less stringent standards than those applied

to formal pleadings drafted by lawyers. See Haz`nes 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

claims 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. Calz'fano, 75 F.R.D. 497,

498 (D.D.C. 1977).

Plaintiffs Jose Manuel Olive, Vincent Dale Ross, and Dyrian Strong are in the custody of

the Texas Department of Criminal Justice and are serving their prison sentences at the Neal Unit

in Amarillo, Texas. They appear to allege violations of rights protected under the First and

Fourteenth Amendments to the United States Constitution, yet so few facts are alleged that

neither the Court nor the defendants reasonably could determine which claim(s) the plaintiffs

bring against which defendant(s). Because the complaint fails to meet the standard set forth in

Rule S(a), the Court will dismiss it without prejudice.

ln addition, the Court will grant Vincent Dale Ross’s application to proceed in forma

pauperis He is the only one of the three plaintiffs who submitted a certified copy of his trust

fund account statement, including the supporting ledger sheets, for the six-month period

immediately preceding the filing of this complaint, as is required under 28 U.S.C. § 1915(a)(2).

The applications of Jose Manuel Olive and Dyrian Strong will be denied, and these plaintiffs will

be dismissed as parties in this action. Lastly, the Court will deny the Motion for Interlocutory

Findings of Fact and Conclusions of Law Addressing Constitutional and Federal Question filed

by Jose Manuel Olive.

An Order consistent with this Memorandum Opinion is issued separately.

DATE; <Q \ZY i lq/

United Siatc§jistrict Judge

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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