Risenhoover v. Fischer
Opinion
FILED 6/16/2020 Clerk, U.S. District & Bankruptcy Court for the District of Columbia UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
PAUL MAAS RISENHOOVER, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:19-cv-03359 (UNA) ) ) CAPTAIN JOHN FISCHER, et al., ) ) Defendants. )
MEMORANDUM OPINION
This matter is before the court on its initial review of plaintiff’s pro se complaint and
application for leave to proceed in forma pauperis (“IFP”). The court will grant plaintiff’s
application for leave to proceed IFP and dismiss the case because the complaint fails to meet the
minimal pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure.
Rule 8(a) of the Federal Rules of Civil Procedure requires complaints to contain “(1) a
short and plain statement of the grounds for the court’s jurisdiction [and] (2) a short and plain
statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a); see
Ashcroft v. Iqbal,
556 U.S. 662, 678-79(2009); Ciralsky v. CIA,
355 F.3d 661, 668-71(D.C. Cir.
2004). The Rule 8 standard ensures that defendants receive fair notice of the claim being asserted
so that they can prepare a responsive answer and an adequate defense and determine whether the
doctrine of res judicata applies. Brown v. Califano,
75 F.R.D. 497, 498(D.D.C. 1977). When a
“complaint [] contains an untidy assortment of claims that are neither plainly nor concisely stated,
nor meaningfully distinguished from bold conclusions, sharp harangues and personal comments
[,]” it does not fulfill the requirements of Rule 8. Jiggetts v. D.C.,
319 F.R.D. 408, 413(D.D.C. 2017), aff’d sub nom. Cooper v. D.C., No. 17-7021,
2017 WL 5664737(D.C. Cir. Nov. 1, 2017).
The instant complaint falls within this category.
Plaintiff, a resident of Taiwan, sues “Captain John Fischer, Commander, Naval Station
Guantanamo Bay, island of Cuba . . . and Acting Military Governor (Naval Governor) Guantanamo
Perpetual Lease possession,” and “Stefan Kropidlowski, Refuge Manager, Palmyra Atoll National
Wildlife Refuges, and Acting Military Governor[.]” The allegations are vague, rambling, and
incongruent. Plaintiff seemingly asks the court to declare him [sic] “an attorney and counselor at
law in Palmyra Territory, USA, and for the Guantanamo Bay lease possession, including as
admiralty and maritime lawyer, attorney, and counsel.” The remainder of the complaint is mostly
incomprehensible, consisting of sprawling ruminations on the Palmyra Atoll National Wildlife
Refuge, Guantanamo Bay, various Executive Orders, and emails exchanged between unidentified
individuals.
The intended causes of action, if any, are completely undefined. The complaint, as pled,
fails to provide any notice of a claim or any basis of federal court jurisdiction. Plaintiff has also
filed a “motion for judicial notice and to supplement supervening authorities and precedents[,]”
which is equally nonsensical. For this reason, the case will be dismissed. A separate order
accompanies this memorandum opinion.
____/s/________________ EMMET G. SULLIVAN United States District Judge
DATE: June 16, 2020
Reference
- Status
- Published