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Miller v. Lipscombs

United States District Court, District of Columbia

December 19, 2014

SELINA MILLER, Plaintiff,
v.
JAMES LIPSCOMBS, et al.,

SELINA MILLER, Plaintiff, Pro se, Columbus, OH.

MEMORANDUM OPINION

KETANJI BROWN JACKSON, United States District Judge.

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 the 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, 92 S.Ct. 594, 30 L.Ed.2d 652 (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).

As drafted, the complaint fails to comply with Rule 8(a). For example, the complaint does not include a statement regarding the Court's jurisdiction. It is not enough to invoke " Civil and Criminal Statutes for 'Hate Crimes' and 'Sexual Assault.'" Compl. ¶ 3. Although plaintiff alleges the denial of constitutional rights, she neither identifies the rights at issue, nor describes the manner in which these rights were violated. And although plaintiff alleges that defendants have conspired against her, see id. ¶ ¶ 2, 4, she fails to describe the conspiracy and explain how she has been harmed as a result. Accordingly, the complaint and this civil action will be dismissed. An Order consistent with this Memorandum Opinion is issued separately.

/s/ Ketanji Brown Jackson

KETANJI BROWN JACKSON

United States District Judge

DATE: 12/19/14

DISMISSAL ORDER

For the reasons stated in the accompanying Memorandum Opinion, it is hereby

ORDERED that the plaintiff's application to proceed in forma pauperis is GRANTED; and it is

FURTHER ORDERED that the complaint and this civil action are DISMISSED.

This is a final appealable Order. See Fed. R. App. P. 4(a).

SO ORDERED.

/s/ Ketanji Brown Jackson

United States District Judge

DATE: 12/19/14


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