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Brawley v. CMS Inc.

Superior Court of Delaware
Aug 9, 2000
C.A. No. 00C-07-137-WTQ (Del. Super. Ct. Aug. 9, 2000)

Opinion

C.A. No. 00C-07-137-WTQ.

Submitted: July 27, 2000.

Decided: August 9, 2000.

Letter Opinion and Order on Plaintiff's Motion to Proceed In Forma Pauperis — MOTION GRANTED with Instructions to Refile the Complaint


Dear Mr. Brawley:

The Court is in receipt of your initial Complaint seeking to recover for "physical harm and emotional damages" suffered by you. I note for the record that the Complaint was filed on July 20, 2000. You have also filed a Motion to Proceed In Forma Pauperis. Because it does not appear that your Complaint is entirely frivolous, your application to proceed In Forma Pauperis is GRANTED. IT IS SO ORDERED.

While the Court notes that you are acting pro Se, you are required to follow the Superior Court rules in proceeding with your case. Superior Court Civil Rule 7(e) requires that each averment of a pleading shall be simple, concise and direct. Additionally, each paragraph of the Complaint should be numbered and ordered sequentially. Super.Ct.Civ.R. 10(b). Form 31 of the Superior Court Civil Rules gives an example of how the Complaint is to look. Form 10 is a good example of how the Complaint should be structured. Copies of Forms 10 and 31 of the Superior Court Civil Rules are enclosed.

The Complaint, as currently written, is insufficient. Your Complaint should state your claims in a simple, concise and direct manner. The Complaint does not have to be short in total length, but each allegation should be simple, concise, and direct, and be numbered so that orderly answers can be made on behalf of the named Defendants. The Court grants you leave to refile your Complaint within forty days from the issuance of this Opinion in accordance with the Superior Court Civil Rules. IT IS SO ORDERED.

I am sending copies of this letter to the named Defendants and to the Attorney General to advise them that your Complaint was filed. Service of the Complaint, however, will await the refiling of the Complaint.


Summaries of

Brawley v. CMS Inc.

Superior Court of Delaware
Aug 9, 2000
C.A. No. 00C-07-137-WTQ (Del. Super. Ct. Aug. 9, 2000)
Case details for

Brawley v. CMS Inc.

Case Details

Full title:RE: Horace Brawley v. CMS Inc. et al

Court:Superior Court of Delaware

Date published: Aug 9, 2000

Citations

C.A. No. 00C-07-137-WTQ (Del. Super. Ct. Aug. 9, 2000)