Opinion
CV-22-00174-PHX-DLR
10-11-2022
Peter A McMillan, Plaintiff, v. United States Department of Justice, et al., Defendants.
ORDER
DOUGLAS L. RAYES, UNITED STATES DISTRICT JUDGE
At issue is Defendants' motion under Federal Rule of Civil Procedure 12(e) for a more definite statement. (Doc. 50.) The motion will be granted.
The primary function of a complaint is to provide defendants with notice of the legal claims asserted against them and the factual basis for those claims. See McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1996). A complaint written “without simplicity, conciseness and clarity” as to who is being sued and for what, “fails to perform the essential functions of a complaint.” Id. at 1180. To that end, Federal Rule of Civil Procedure 8(a) requires a complaint to contain “a short and plain statement of the grounds for the court's jurisdiction,” “a short and plain statement of the claim showing that the pleader is entitled to relief,” and “a demand for the relief sought.” And Rule 10(b) requires claims or defenses to be set forth “in numbered paragraphs, each limited as far as practicable to a single set of circumstances.”
Plaintiff's complaint spans 529 pages with an addition 1051 pages of exhibits, and factual allegations are not set forth in separately numbered paragraphs limited to a single set of circumstances. In no sense of the phrase is this complaint short and plain. It is far too unmanageable for any defendant to understand what he is being sued for and to reasonably prepare an answer. The Court therefore will require Plaintiff to file an amended complaint that clearly and concisely explains-in a manner that complies with Rules 8 and 10-what each defendant is alleged to have done wrong.
Plaintiff is self-represented. The Court has resources available to help self-represented litigants navigate civil litigation in federal court. The Court's public website is https://www.azd.uscourts.gov/. In the upper right corner of the homepage is an option entitled “For those Proceeding Without an Attorney.” If Plaintiff selects that option, he will find links to the Handbook for Self-Represented Litigants, the Federal and Local Rules of Civil Procedure, information on the Federal Court Advice-Only Clinic, among other resources. The Court encourages Plaintiff to avail himself of these resources as he prepares a new complaint.
IT IS ORDERED that Defendants' motion for a more definite statement (Doc. 50) is GRANTED. Plaintiff shall have until November 8, 2022 in which to file an amended complaint that complies with Federal Rules of Civil Procedure 8 and 10, and which clearly and concisely explains what each defendant is alleged to have done wrong. To help ensure compliance with the federal pleading rules, Plaintiff's amended complaint shall be limited to 20 pages unless Plaintiff shows good cause for an extension. The Clerk of the Court is directed to dismiss this case without further order of the Court if Plaintiff does not file an amended complaint within the timeframe specified herein.