Hudson v. Smart
Opinion
FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AUG 31 2009 Clerk, u.s. District and Bankruptcy Courts Cheryl D. Lott Hudson, ) ) Plaintiff, ) ) v. ) Civil Action No. 09 1660 ) Ronald Smart, ) ) Defendant. )
MEMORANDUM OPINION
The plaintiff has filed a pro se complaint and an application to proceed in forma
pauperis. The Court will grant the application to proceed in forma pauperis and dismiss the
complaint.
Plaintiff, who lists a Maryland address on the complaint, has filed a complaint against a
defendant with a Maryland address. The very short one-page complaint merely asserts in a
conclusory manner that the plaintiff is a repeated victim of "bank fraud, postal mail fraud,
telecommunications fraud, credit card fraud, [and] bank card fraud," and that "as a result of [the
defendant's] actions my business has suffered." Plaintiff seeks "full reimbursement of all
associated payment as a result ofthis fraudulent activity." The complaint alleges no facts stating
what actions the defendant took that caused injury to the plaintiff. The complaint also does not
allege facts that suggest federal jurisdiction.
Rule 8(a) of the Federal Rules of Civil Procedure requires that a complaint contain a short
and plain statement ofthe 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 addition, the
complaint must allege facts sufficient to permit the court to determine whether it has jurisdiction
of the case.
As drafted, the Complaint fails to comply with Rule 8(a). The Court cannot, nor will the
defendant be able to, determine the basis of this Court's jurisdiction, the facts on which the
plaintiff s claims rest, or the relief plaintiff seeks. Accordingly, the Court will dismiss the
complaint without prejudice.
A separate order accompanies this memorandum opinion.
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Reference
- Status
- Published