Hickman v. Freedom Liberty Independence Party ( 2009 )


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  •                                                                                      FILED
    UNITED STATES DISTRICT COURT                            /JEc   l. 3 2008
    FOR THE DISTRICT OF COLUMBIA                      Clerk Us o·          .
    Sank · .    .strlct and
    ruptcy COurts
    )
    Derian Douglas Hickman,                           )
    )
    Plaintiff,                         )
    )
    v.                                         )   Civil Action No.    U 241 ()
    9
    )
    Freedom Liberty Independence Party et aI.,        )
    )
    Defendants.                        )
    ------------------------------)
    MEMORANDUM OPINION
    Plaintiff, proceeding pro se, has filed a complaint and an application to proceed in forma
    pauperis. The application will be granted and the complaint will be dismissed.
    Complaints filed by pro se litigants are held to less stringent standards than are formal
    pleadings drafted by lawyers. See Haines v. Kerner, 
    404 U.S. 519
    ,520 (1972). Nonetheless, pro
    se plaintiffs must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch, 
    656 F. Supp. 237
    , 239 (D.D.C. 1987). Rule 8 of the Federal Rules of Civil Procedure states the
    minimum requirements for complaints. Fed. R. Civ. P. 8(a). Rule 8(a) requires that a complaint
    contain a short and plain statement of the grounds upon which federal jurisdiction rests, a short
    and plain statement showing that the plaintiff is entitled to relief, and a demand for judgment for
    the relief sought. The minimum requirements Rule 8 imposes are designed to provide defendants
    with sufficient notice of the claim or claims being asserted in order to allow defendants to
    prepare a responsive answer and 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). Further, compliance
    3
    with Rule 8(a)'s requirements should provide a court with sufficient information to determine
    whether it has jurisdiction over the claims.
    In its entirety, this one-page pro se complaint against the Freedom Liberty Independence
    Party, the Federal Communications Commission, and the Department of Education states as
    follows:
    Requesting information and civil court transcripts filings, for use in jury trial.
    Compensation for discrimination and lost business revenue. Also State
    Department trial transcripts. Compensation for property lost while awaiting court
    dates. Asking for trial by jury. 1 million dollars and documents.
    Complaint at 1 (punctuation and spelling altered). This complaint does not present any factual
    allegations that would support a claim against the defendants named, and thus does not include a
    "short and plain statement showing that the plaintiff is entitled to relief," Rule 8, or provide the
    defendants with sufficient notice of the claims against them. Accordingly, the complaint will be
    dismissed for failure to comply with the requirements of Rule 8.
    Plaintiff has filed at least ten complaints this year, all of which have been dismissed in
    screening because either the complaint is clearly frivolous and based on delusions or does not
    meet the minimum standards required as set froth in Rule 8. 1 The plaintiff is advised that ifhe
    persists in filing such complaints, this Court may restrict . a    1   ity   proceed in forma pauperis.
    A separate order accompanies this memo an
    Date: /    t-/ j / ~1
    1         ,
    United States District Judge
    In addition to this one and another submitted on December 3, 2009, plaintiff has filed at
    1
    least eight other complaints. See Civil Action Nos. 09-342,09-359,09-816,09-974,09-1071,
    09-1362,09-1616,09-2251.
    -2-
    

Document Info

Docket Number: Civil Action No. 2009-2410

Judges: Judge Emmet G. Sullivan

Filed Date: 12/23/2009

Precedential Status: Precedential

Modified Date: 10/30/2014