Brown-Williams v. U.S. Office of Personnel Management et al
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT by Magistrate Judge Gordon P. Gallagher on 4/1/16. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00750-GPG
WANDA E. BROWN-WILLIAMS
U.S. OFFICE OF PERSONNEL MGMT., and
U.S. FEDERAL GOV’T,
ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT
Plaintiff Wanda E. Brown-Williams has filed pro se a Complaint. The Court must
construe the Complaint liberally because Plaintiff is not represented by an attorney. See
Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110
(10th Cir. 1991). However, the Court should not act as an advocate for a pro se litigant.
See Hall, 935 F.2d at 1110. For the reasons stated below, Plaintiff will be ordered to file
an Amended Complaint if she wishes to pursue her claims in this action.
Plaintiff asserts that she has been incorrectly assigned retirement under the
Federal Employees Retirement System rather than the Civil Service Retirement System.
Plaintiff seeks injunctive relief.
In the Jurisdiction section of the Complaint form, Plaintiff states she is asserting
jurisdiction based on the fact that she is a citizen of the United States and a resident of
Arapahoe County in the State of Colorado. ECF No. 1 at 2.
The twin purposes of a complaint are to give the opposing parties fair notice of the
basis for the claims against them so that they may respond and to allow the court to
conclude that the allegations, if proven, show that the plaintiff is entitled to relief. See
Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass=n of Kansas,
891 F.2d 1473, 1480 (10th Cir. 1989). The requirements of Rule 8 are designed to meet
these purposes. See TV Communications Network, Inc. v. ESPN, Inc., 767 F. Supp.
1062, 1069 (D. Colo. 1991), aff=d, 964 F.2d 1022 (10th Cir. 1992). Specifically, Rule 8(a)
provides that a complaint Amust 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.@ The philosophy of
Rule 8(a) is reinforced by Rule 8(d)(1), which provides that A[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.
Plaintiff fails to assert proper jurisdiction because she has failed to state the
statutory authority for raising her claims in this Court. Accordingly, it is
ORDERED that Plaintiff file, within thirty days from the date of this Order, an
Amended Complaint that complies with this Order. It is
FURTHER ORDERED that Plaintiff shall obtain the appropriate Court-approved
Complaint form, along with the applicable instructions, at www.cod.uscourts.gov. The
Amended Complaint must be filed on a proper Court-approved form. It is
FURTHER ORDERED that if Plaintiff fails within the time allowed to file an
Amended Complaint that complies with this Order the action may be dismissed without
DATED April 1, 2016, at Denver, Colorado.
BY THE COURT:
Gordon P. Gallagher
United States Magistrate Judge
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