Opinion

Hines v. H and R Block

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

DASHON MARTEL HINES, )

)

Plaintiff, )

)

v. ) Civil Action No. 17-1415 (UNA)

)

H AND R BLOCK, )

)

Defendant. )

MEMORANDUM OPINION

This matter comes before the court on review of plaintiffs 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 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) 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 such that

they can prepare a responsive answer, prepare an adequate defense, and determine whether the

doctrine of resjudicata applies. Brown v. Calz'fano, 75 F.R.D. 497, 498 (D.D.C. 1977).

Plaintiffs single claim is that defendant “issued a tax return to the plaintiff in violation of

the Revenue Act of186l and/or applicable US tax laws.” Compl. at 3. Plaintiff purports to

establish federal questionjurisdiction, see id. at l, without identifying a current statute allegedly

violated by defendant. Similarly, plaintiff demands damages of $ l million, see id. at 5, without

setting forth a statement of a claim showing his entitlement to such relief. As drafted, the

complaint fails to comply with Rule 8(a) and therefore it will be dismissed without prejudice

An Order consistent with this Memorandum Opinion is issued separately.

DATE; §lzz\ DF“ 7&¢/&/1 @'M_{`

United States District 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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