Opinion
Civil Action No. 12-cv-01189-BNB
05-11-2012
LORI K. LEWIS, Plaintiff, v. APRIL BATISTA, ANNAMARIE H. BUNGIVANNE, CHASE BANK, and JOHN DOES, Defendants.
ORDER DIRECTING PLAINTIFF TO FILE
AN AMENDED COMPLAINT
Plaintiff, Lori K. Lewis, currently resides in Littleton, Colorado. Ms. Lewis, acting pro se, initiated this action by filing a Complaint. The Court must construe the Complaint liberally because Ms. Lewis 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 (10th Cir. 1991). The Court, however, should not act as a pro se litigant's advocate. See Hall, 935 F.2d at 1110. For the reasons stated below, Ms. Lewis will be ordered to file an Amended Complaint.
The Court finds that the Complaint 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 (10th 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 (10th 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 pleadings violate the requirements of Rule 8.
Ms. Lewis fails to set forth a short and plain statement of her claims showing that she is entitled to relief. Ms. Lewis's Complaint fails to assert proper jurisdiction. The Court, therefore, will direct Ms. Lewis to file an Amended Complaint that complies with the pleading requirements of Rule 8. It is Ms. Lewis' responsibility to present her claims in a manageable format that allows the Court and Defendants to know what claims are being asserted and to be able to respond to those claims.
To state a claim in federal court Ms. Lewis must explain what each defendant did to her; when the defendant did it; how the defendant's action harmed her; and, what specific legal right she believes the defendant violated. Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir. 2007). Accordingly, it is
ORDERED that Ms. Lewis file an Amended Complaint as instructed above, within thirty days from the date of this Order. It is
FURTHER ORDERED that Ms. Lewis shall obtain the proper Court-approved form, along with the applicable instructions, at www.cod.uscourts.gov for use in filing the Amended Complaint. It is
FURTHER ORDERED that if Ms. Lewis fails to properly amend the Complaint within thirty days from the date of this Order, the Complaint and action shall be subject to dismissal without further notice.
DATED May 11, 2012, at Denver, Colorado.
BY THE COURT:
Boyd N. Boland
United States Magistrate Judge