Opinion
No. 4:05-CV-1306-JCH.
October 25, 2005
ORDER AND MEMORANDUM
This matter is before the Court on respondent's motion for a more definite statement. The Court has carefully reviewed petitioner's petition and finds that it is not so vague or ambiguous that respondent cannot reasonably frame a responsive pleading. See FED. R. CIV. P. 12(e). Moreover, petitioner is not required to set forth the factual basis for each of his claims. The Federal Rules set up a "notice pleading" system, which requires that petitioner set forth a "short and plain statement of the claim." FED. R. CIV. P. 8(a); see Leatherman v. Tarrant County Narcotics Unit, 507 U.S. 163, 168, 113 S. Ct. 1160, 1163 (1993) (emphasizing that the Rules only require particularity in pleading in connection with specified types of claims); see also Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103 (1957) (". . . [T]he Federal Rules of Civil Procedure do not require a claimant to set out in detail the facts on which he bases his claim.").
Accordingly,
IT IS HEREBY ORDERED that respondent's motion for more definite statment [Doc. 8] be DENIED.