Opinion
Case: 1:16-cv-02398
12-05-2016
MARIA MANGA, Plaintiff, v. KNOX EDWARD, JR., Defendant.
Assigned To : Unassigned
Assign. Date : 12/7/2016
Description: Pro Se Gen. Civil (F Deck) MEMORANDUM OPINION and ORDER
This matter comes before the court on review of plaintiff's application to proceed in forma pauperis and pro se civil complaint.
The Federal Rules of Civil Procedure require that a complaint contain "'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests[.]'" Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Further, a complaint must "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). Although a pro se complaint is "held to less stringent standards than formal pleadings drafted by lawyers," Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam) (internal quotation marks and citation omitted), it too, "must plead 'factual matter' that permits the court to infer 'more than the mere possibility of misconduct,'" Atherton v. District of Columbia Office of the Mayor, 567 F.3d 672, 681-82 (D.C. Cir. 2009) (quoting Iqbal, 556 U.S. at 678-79).
As drafted, the complaint does not give fair notice to the defendant of the claim being asserted that is sufficient to prepare a responsive answer, to prepare an adequate defense and to determine whether the doctrine of res judicata applies. See Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). Plaintiff appears to bring an employment discrimination claim under Title VII of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e et seq., as amended, yet the complaint itself does not allege facts to support the claim. Rather than dismiss the complaint, the Court will allow plaintiff an opportunity to amend her complaint to address the defect of the original pleading.
Accordingly, it is hereby
ORDERED that plaintiff's motion to proceed in forma pauperis is GRANTED; and it is
FURTHER ORDERED that, within 30 days from the filing date of this Order, plaintiff shall amend the complaint. Failure to comply with this Order may result in dismissal of this action.
SO ORDERED. DATE: December 5, 2016
/s/_________
United States District Judge