Angel v. Rutledge

United States District Court for the Eastern District of Arkansas

Angel v. Rutledge

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION MICAH ANGEL PLAINTIFF v. CASE NO. 3:22-CV-00264-BSM LESLIE RUTLEDGE, et al. DEFENDANTS ORDER Micah Angel’s motion for leave to proceed in forma pauperis [Doc. No. 1] is granted.

See Martin-Trigona v. Stewart,

691 F.2d 856, 857

(8th Cir. 1982) (per curiam) (complaint can be filed if plaintiff qualifies by economic status under

28 U.S.C. § 1915

(a)). Her complaint [Doc. No. 2], however, is insufficiently pleaded at present. See

28 U.S.C. § 1915

(e)(2). Angel will be given the chance to file an amended complaint if she wishes to

do so. A complaint should be a “short and plain statement” of the claim showing that the pleader is entitled to relief. See FED. R. CIV. P. 8(a)(2); Bell Atlantic Corp. v. Twombly,

550 U.S. 544, 555

(2007) (“[A] plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more than labels and conclusions, and a formulaic recitation

of the elements of a cause of action will not do.”). Rule 8(d) requires each claim to be “simple, concise, and direct.” FED. R. CIV. P. 8(d). Angel’s complaint does not comply with Rule 8 as it contains 508 pages of disorganized and incomplete state court documents with difficult-to-identify arguments. Doc. No. 2. For example, buried in these papers, Angel

provides a “statement of the case” where she alleges that Jonesboro Police Officer Ryan Crawford has unlawfully arrested her on four separate occasions. /d. at 216. Officer Crawford is not a named defendant, however, and Angel does not state the date or circumstances surrounding any of these arrests. Jd. Angel will have thirty (30) days to amend her complaint if she wishes to do so. She Angel is reminded that the purpose of the “short and plain statement” rule is to give both the court and the opposing parties fair notice of what the claim is and how exactly the defendant

was involved. Angel need only name the defendant, identify the constitutional violation, and provide a short description of the events supporting her claim against that defendant—the who, what, when, why, and how. Ashcroft v. Iqbal,

556 U.S. 662, 676

(2009). Angel has thirty days from the date of this order to file an amended complaint that complies with Rule 8. Failure to do so could result in the dismissal of this lawsuit. See Local Rule of the United States District Court for the Eastern and Western Districts of Arkansas 5.5(c)(2) (“If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice.”). IT IS SO ORDERED this 28th day of November, 2022.

Bron A A GRe_ UNITED STATES DISTRICT JUDGE

Reference

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