Margheim v. Buck et al

Filing 7

ORDER. The Complaint 1 is STRICKEN for failure to comply with Fed. R. Civ. P. 8 and D.C.COLO.LCivR 8.1A. The plaintiff shall have until July 20, 2012, to submit an amended complaint which complies with Fed. R. Civ. P. 8; D.C.COLO.LCivR 8.1A; and this order. The plaintiffs failure to comply with this order may result in a recommendation that the plaintiffs case be dismissed. The Clerk of the Court shall enclose with this order a copy of the courts complaint form. By Magistrate Judge Boyd N. Boland on 6/29/2012. (sahsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-01520-WJM-BNB
TERRY MARGHEIM,
Plaintiff,
v.
KENNETH R. BUCK, Weld County D.A., et al.,
EMELA BULJKO, DDA,
GREELEY POLICE CHIEF,
JOHN BARBER,
STEPHEN PERKINS,
ELLIS,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises sua sponte. The plaintiff initiated this action by filing a paper titled
“Notice of Intent/Filing Pursuant to 28 USCA § 1331, 1343, and 42 USCA § 1983" [Doc. #1]
(the “Complaint”). For the following reasons, the Complaint is STRICKEN, and the plaintiff is
directed to submit an amended complaint that complies with this order.
The Federal Rules of Civil Procedure require that a complaint contain “(1) a short and
plain statement of the grounds for the court's jurisdiction, . . . (2) a short and plain statement of
the claim showing that the pleader is entitled to relief; and (3) a demand for the relief
sought . . . .” Fed. R. Civ. P. 8(a). “[T]he only permissible pleading is a short and plain
statement of the claim showing that the pleader is entitled to relief on any legally sustainable
grounds.” Blazer v. Black, 196 F.2d 139, 144 (10th Cir. 1952). “[T]o state a claim in federal
court, a complaint must explain what each defendant did to him or her; when the defendant did

it; how the defendant’s action harmed him or her, and what specific legal right the plaintiff
believes the defendant violated.” Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158,
1163 (10th Cir. 2007). The requirements of Rule 8(a) guarantee “that defendants enjoy fair
notice of what the claims against them are and the grounds upon which they rest.” TV
Communications Network, Inc. v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff'd,
964 F.2d 1022 (10th Cir. 1992). The philosophy of Rule 8(a) is reinforced by Rule 8(d)(1),
which provides that “[e]ach allegation must be simple, concise, and direct.” Taken together,
Rules 8(a) and (d)(1) underscore the emphasis placed on clarity and brevity by the federal
pleading rules.
The plaintiff is proceeding pro se. Although I must liberally construe the pleadings of
the pro se plaintiff, Haines v. Kerner, 104 U.S. 519, 520-21 (1972), I cannot act as his advocate,
and the plaintiff must comply with the fundamental requirements of the Federal Rules of Civil
Procedure and the local rules of this court. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.
1991).
The plaintiff’s Complaint suffers from several deficiencies. The Complaint is not
submitted on the court’s standard complaint form. “A pro se party shall use the forms
established by this court to file an action.” D.C.COLO.LCivR 8.1A.
In addition, not all of the plaintiff’s claims clearly state the legal bases for his claims; the
actions or inactions of each defendant; and how those actions or inactions violate the law. For
example, Claim Three states in its entirety:
The plaintiff was held in custody on subsequent [sic] to the
unlawful arrest until December 12, 2011 at which time the Weld
County District Attorney moved to dismiss Case No.
D0622010CR000754. 19 months + 5 days.
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Complaint, p. 3.
The Complaint fails to provide notice of all of the plaintiff’s causes of action as required
by Rule 8. Accordingly, the Complaint is stricken, and the plaintiff shall submit an amended
complaint which complies with the Federal Rules of Civil Procedure, the local rules of this court,
and this order.
The amended complaint which the plaintiff must file shall be submitted on the court’s
form and shall be titled “Amended Complaint.” The background statement shall briefly
summarize the plaintiff’s case and shall not exceed one page. Each claim shall be numbered and
shall be stated separately. Each claim shall state the legal basis for the claim; shall identify
which defendant(s) the claim is brought against; and shall allege facts sufficient to state a claim
for relief as to each of those defendants. Each claim shall not exceed two pages. The Complaint
shall not contain conclusory allegations or argument. Accordingly,
IT IS ORDERED:
1. The Complaint[Doc. # 1] is STRICKEN for failure to comply with Fed. R. Civ. P. 8
and D.C.COLO.LCivR 8.1A.
2. The plaintiff shall have until July 20, 2012, to submit an amended complaint which
complies with Fed. R. Civ. P. 8; D.C.COLO.LCivR 8.1A; and this order;
3. The plaintiff’s failure to comply with this order may result in a recommendation that
the plaintiff’s case be dismissed; and
4. The Clerk of the Court shall enclose with this order a copy of the court’s complaint
form.
Dated June 29, 2012.

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BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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