Opinion
Civil Action No. 08 1120.
June 23, 2008
MEMORANDUM OPINION AND ORDER
Before the Court is the pro se complaint and an application to proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis. The Court will, however, dismiss the complaint without prejudice as to the third named defendant, Freemont Investments.
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). One of the purposes of Rule 8 is to ensure that a defendant has fair notice 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).
With respect to Freemont Investments, this complaint fails to meet the requirements of Rule 8(a). The complaint alleges that Freemont Investments held the mortgage on plaintiff's home, but does does not allege against Freemont Investment any wrong-doing. Therefore, the defendant will be unable determine the nature of the claim being made and respond appropriately. Accordingly, as to Freemont Investments only, the Court will dismiss the complaint without prejudice for failure to comply with Rule 8(a).
CONCLUSION AND ORDER
For the reasons stated above, it is hereby
ORDERED that the plaintiff's application to proceed in forma pauperis be, and hereby is, GRANTED. It is further
ORDERED that, as to the defendant Freemont Investments, only, this action be, and hereby is, DISMISSED WITHOUT PREJUDICE.