Perdue v. City of Wilmington, DE et al
Filing
10
MEMORANDUM. Signed by Judge Sue L. Robinson on 6/26/14. (cla, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID PERDUE,
)
)
Plaintiff,
)
)
v.
) Civ. Action No. 14-044-SLR
)
CITY OF WILMINGTON, DELAWARE, )
et aI.,
)
)
Defendants.
)
MEMORANDUM
1. Introduction. Plaintiff David Perdue ("plaintiff'), proceeds pro se and has
been granted in forma pauperis status. Upon screening, the original complaint was
dismissed and plaintiff was given leave to amend. The amended complaint, filed April
17,2014, alleges violations of: (1) the First, Fourth, and Fourteenth Amendments to
the United States Constitution; (2) the Fair Housing Act, 42 U.S.C. § 3601, et seq. and
specifically §§ 3604, 3604(d), (f)(1), (f)(2), and (f)(3)(8); (3) the Americans with
Disabilities Act, 42 U.S.C. § 12101, et seq.; (4) 24 C.F.R. § 100, et seq. and specifically
§§ 100.60(b)(4) and (b)(5), § 100.65, §§ 100.70(a) through (c), (d)(4) and (d)(5),
§§ 100.500(a) through (c); and, (5) 28 C.F.R. § 35, et seq, and specifically §§ 35.100
and 35.134(a) and (b), all in relation to eviction from properties where he resided. (0.1.
9)
2. Standard of Review. This court must dismiss, at the earliest practicable
time, certain in forma pauperis actions that are frivolous, malicious, fail to state a claim,
or seek monetary relief from a defendant who is immune from such relief. See 28
U.S.C. § 1915(e)(2). The court must accept all factual allegations in a complaint as true
and take them in the light most favorable to a pro se plaintiff. Phillips v. County of
Allegheny, 515 F.3d 224,229 (3d Cir. 2008); Erickson
V.
Pardus, 551 U.S. 89, 93
(2007). Because plaintiff proceeds pro se, his pleading is liberally construed and his
complaint, "however inartfully pleaded, must be held to less stringent standards than
formal pleadings drafted by lawyers." Erickson
V.
Pardus, 551 U.S. at 94 (citations
omitted).
3. Discussion. The amended complaint does not contain a prayer for relief that
explains what relief plaintiff seeks from the court. Federal Rule of Civil Procedure
8(a)(2) and (3) require that a complaint contain "a short and plain statement of the claim
showing that the pleader is entitled to relief," Fed. R. Civ. P. 8(a)(2), and "a demand for
the relief," Fed. R. Civ. P. 8(a)(3)." See e.g., Scibelli v. Lebanon Cnty., 219 F. App'x
221,222 (3d Cir. 2007) (unpublished). See a/so, Klein v. Pike Cnty. Comm'rs, 2011 WL
6097734 (M.D. Pa. Dec. 6, 2011) (failure to articulate a prayer for relief compels
dismissal). Plaintiff's failure to specify relief of any sort of relief weighs in favor of
dismissal for noncompliance with Rule 8. See Uggon-Redding v. So user, 352 F. App'x
618, 619 (3d Cir. 2009) (unpublished) (affirming dismissal without prejudice where
complaint failed to identify relief sought). Because the amended complaint does not
contain a prayer for relief, it will be dismissed without prejudice.
4. Conclusion. For the above reasons, the amended complaint will be
dismissed without prejudice pursuant to Fed. R. Civ. P. 8(a)(3). Plaintiff will be given
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one final opportunity to amend the complaint to cure the pleading defects. A separate
order shall issue.
Date: June
J.ip
I
2014
3
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