Hudson v. Smart
Opinion
FILED AUG 18 2009 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Clerk, U.S. District and Bankruptcy Courts
Cheryl D. Lott Hudson, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 09 1562 Patsy Butler 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 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 the defendant
"continuously interferes with [plaintiff s] business by attributing to ID fraud." The plaintiff is
"requesting full reimbursement of all associated payments as a result of this 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) ofthe 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 statement of the claim showing that the pleader is entitled to relief, and a demand for jUdgment
for the reliefthe 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
over 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.
Date: ~. 16/ l-OO(
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Reference
- Status
- Published