DEBRA APPLEWHITE SC. v. U.S. EEOC . CHAIR EARP

Full title: DEBRA APPLEWHITE SCALES, Plaintiff, v. U.S. EQUAL EMPLOYMENT OPPORTUNITY…

Court: United States District Court, D. Colorado

Date published: Feb 9, 2009

Civil Action No. 09-cv-00220-BNB (D. Colo. Feb. 9, 2009)

Opinion

Civil Action No. 09-cv-00220-BNB.

February 9, 2009

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT

BOYD BOLAND, Magistrate Judge

Plaintiff, Debra Applewhite Scales, has filed pro se a Title VII Complaint. The court must construe the Title VII Complaint liberally because Ms. Scales is not represented by an attorney. See Haines v. Kerner , 404 U.S. 519, 520-21 (1972); Hall v. Bellmon , 935 F.2d 1106, 1110 (10^th Cir. 1991). However, the court should not be an advocate for a pro se litigant. See Hall , 935 F.2d at 1110. For the reasons stated below, Ms. Scales will be ordered to file an amended complaint.

The court has reviewed the Title VII Complaint and has determined that the Title VII Complaint is deficient because it does not comply with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure. The twin purposes of a complaint are to give the opposing parties fair notice of the basis for the claims against them so that they may respond and to allow the court to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. See Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of Kansas , 891 F.2d 1473, 1480 (10^th Cir. 1989). The requirements of Fed.R.Civ.P. 8 are designed to meet these purposes. See TV Communications Network, Inc. v. ESPN, Inc. , 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff'd, 964 F.2d 1022 (10^th Cir. 1992). Specifically, Rule 8(a) provides that a complaint "must contain (1) a short and plain statement of the grounds for the court's jurisdiction, . . . (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought." The philosophy of Rule 8(a) is reinforced by Rule 8(d)(1), which provides that "[e]ach allegation must be simple, concise, and direct." Taken together, Rules 8(a) and (d)(1) underscore the emphasis placed on clarity and brevity by the federal pleading rules. Prolix, vague, or unintelligible pleadings violate the requirements of Rule 8.

Ms. Scales fails to provide a short and plain statement of her claims showing that she is entitled to relief. Ms. Scales has checked a variety of blanks on the preprinted Title VII Complaint form indicating that Defendant discriminated against her based on race, color, disability, and retaliation by failing to hire, failing to promote, demotion or discharge from employment, and failing to pay job injury benefits. However, Ms. Scales fails to assert any facts in support of these vague and conclusory allegations that indicate she is entitled to relief. Although Ms. Scales attaches to her Title VII Complaint a copy of a Final Decision of the Equal Employment Opportunity Commission rejecting her administrative claim, that decision does not provide the court with the factual basis for the claims Ms. Scales is asserting in this action. In fact, to the extent the court can discern from the attached Final Decision the factual nature of her claims, it appears that Ms. Scales claimed in the administrative proceedings only that Defendant failed to reinstate her because of her race and in retaliation for prior protected activity. There is no indication that Ms. Scales raised in the administrative proceedings any claims that she was not promoted, was demoted or discharged from employment, that she was not paid job injury benefits, or that she suffered discrimination because of a disability as indicated in the Title VII Complaint.

Therefore, Ms. Scales will be ordered to file an amended complaint if she wishes to pursue her claims in this action. Ms. Scales is advised that she must provide a short and plain statement of her claims that allows the court and Defendant to understand what she is claiming in this action and to be able to respond to those claims. Accordingly, it is

ORDERED that Ms. Scales file, within thirty (30) days from the date of this order, an amended complaint that complies with the pleading requirements of Fed.R.Civ.P. 8 as discussed in this order. It is

FURTHER ORDERED that the clerk of the court mail to Ms. Scales, together with a copy of this order, two copies of the following form: Title VII Complaint. It is

FURTHER ORDERED that, if Ms. Scales fails within the time allowed to file an amended complaint that complies with this order to the court's satisfaction, the action will be dismissed without further notice.