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VICKY REE SUMMERSILL CANNOY v. DEPARTMENT OF JUSTICE

United States District Court, D. Columbia
Feb 22, 2011
Civil Action No (D.D.C. Feb. 22, 2011)

Opinion

Civil Action No.

February 22, 2011


MEMORANDUM OPINION


This matter comes before the court on review of plaintiff's application to proceed in forma pauperis and pro se civil complaint. The court will grant the application, and dismiss the complaint.

The Court has reviewed plaintiff's complaint, keeping in mind that complaints filed by pro se litigants are held to less stringent standards than those applied to formal pleadings drafted by lawyers. See Haines v. Kerner, 404 U.S. 519, 520 (1972). Even pro se litigants, however, must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch, 656 F. Supp. 237, 239 (D.D.C. 1987). Rule 8(a) of the Federal Rules of Civil Procedure requires that a complaint contain a short and plain statement of the grounds upon which the court's jurisdiction depends, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for the relief the pleader seeks. Fed.R.Civ.P. 8(a). The purpose of the minimum standard of Rule 8 is to give fair notice to the defendants of the claim being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense and to determine whether the doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977).

In a rambling and poorly organized pleading, plaintiff alternatively complains of the denial of benefits owed to her for injuries sustained by her deceased father, the disposition of her deceased mother's assets by a Florida probate court, and a long list of torts allegedly committed by the United States Department of Justice. The complaint does not contain short and plain statement of a claim showing that plaintiff is entitled to the relief she seeks. Moreover, given the dearth of factual allegations supporting the tort claims plaintiff raises, the pleading does not provide fair notice to defendant of the claims against it.

For these reasons, the complaint will be dismissed without prejudice for its failure to comply with Rule 8(a). An Order is issued separately.

DATE: February 16, 2011


Summaries of

VICKY REE SUMMERSILL CANNOY v. DEPARTMENT OF JUSTICE

United States District Court, D. Columbia
Feb 22, 2011
Civil Action No (D.D.C. Feb. 22, 2011)
Case details for

VICKY REE SUMMERSILL CANNOY v. DEPARTMENT OF JUSTICE

Case Details

Full title:VICKY REE SUMMERSILL CANNOY, Plaintiff, v. DEPARTMENT OF JUSTICE, Defendant

Court:United States District Court, D. Columbia

Date published: Feb 22, 2011

Citations

Civil Action No (D.D.C. Feb. 22, 2011)