Opinion
Civil Action No. 03-2732.
March 25, 2003
MEMORANDUM
On February 27, 2004, this Court issued an Order directing plaintiff to file a Complaint in this case within ten days. Plaintiff failed to file a Complaint within that time period, but on March 19, 2004 plaintiff filed what he styled a "Demand For Final Order" (Doc. No. 15).
In Federal Courts, the rule is that the Court "must construe pro se complaints liberally, and such complaints are held to a less stringent standard than those drafted by attorneys." Bieros vs. Nicola, 839 F. Supp. 332, 334 (E.D.PA 1993) (Joyner). No matter how liberal a construction we apply it Document No. 15 cannot be considered a Complaint. It will therefore be struck.
Plaintiff will be given another ten day period to file a Complaint. If at the end of that time he has failed to do so this case will be dismissed with prejudice.
The Complaint should contain: (1) a short and plain statement of the basis of this Court's jurisdiction; (2) a short and plain statement of the plaintiff's claim showing that the plaintiff is entitled to relief; and (3) a demand for judgment for the relief requested.
Based upon the foregoing I enter the following Order.
ORDER
AND NOW, this 25th day of March, 2004, it is hereby ORDERED that:1. Document No. 15 is struck.
2. Plaintiff shall file a Complaint in the above-captioned matter within ten days of the date of this Order.