Bagby v. Xto Energy Inc.

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FILED usc 142012

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CEDRIC WAYNE BAGBY, )

Plaintiff, § v, § Civil Action No.

FORMER PRESIDENT OF §

XTO ENERGY, )

Defendant. §

MEMORANDUM OPINION

This matter is before the Court on consideration of the plaintiffs application to proceed in forma pauperis and pro se complaint. The application will be granted, and the complaint will be dismissed.

Rule S(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. S(a). The purpose of the minimum standard of Rule 8 is to give fair notice to the defendant 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. Calzfano, 75 F.R.D. 497, 498 (D.D.C. 1977). Here, the complaint pertains to the acquisition of XTO Energy by EXxonMobil, and reflects the plaintiff s musings on the oil and gas industry. As drafted, the plaintiff s complaint fails to comply with Rule S(a). According, the complaint will be dismissed without prejudice An Order consistent with this Memorandum Opinion is issued separately.

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