Opinion
Civil Action No. 05-91.
January 12, 2005
MEMORANDUM
Plaintiff Deborah M. Wilson has filed a pro se civil complaint against defendant Barry J. Wilson alleging that he forged her name to I.R.S. income tax forms for the years 2000, 2001 and 2002. Plaintiff seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. In her affidavit in support of her request to proceed in forma pauperis, plaintiff, who is unemployed, lists assets and income primarily consisting of a $65,000 home and biweekly alimony payments of $230. Plaintiff also receives bi-weekly child support payments of $323 and $98 worth of food stamps each month. Upon review of plaintiff's financial circumstances, I will deny leave to proceed in forma pauperis and will order plaintiff to pay a partial filing fee of $75.00 to commence this action.
Upon consideration of plaintiff's complaint, the Court has determined that it fails to conform with the Federal Rules of Civil Procedure and may not proceed in its present form. Pursuant to Federal Rule of Civil Procedure 8(a), a complaint must include "a short and plain statement of the grounds upon which the court's jurisdiction depends" and "a demand for judgment for the relief the pleader seeks." Plaintiff's statement of claim fails adequately to describe the jurisdictional basis for her claim and the form of relief that she is seeking. and defendant is therefore without fair notice to allow him to respond to plaintiff's claims. See Fed.R.Civ.P. 8(a). Accordingly, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), plaintiff's complaint will be dismissed for failure to state a claim upon which relief may be granted without prejudice to her right to file a new complaint that meets these requirements.
The Federal Rules of Civil Procedure and the Local Rules of this Court must be complied with and followed. A copy of Rule 8 of the Federal Rules of Civil Procedure is attached.
ORDER
AND NOW, this 12th day of January, 2005, it is ORDERED that:
1. plaintiff's motion to proceed in forma pauperis is DENIED without prejudice to plaintiff to renew her request and to advise the court of additional or changed circumstances.
2. Plaintiff is assessed a partial filing fee of $75.00 to commence this action.
3. Plaintiff's complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff may file an amended complaint that meets the requirements of Federal Rule of Civil Procedure 8(a) within twenty business days from the date of this order.