BIANCO v. UNITED STATES
Filing
3
MEMORANDUM OPINION Signed by Judge Colleen Kollar-Kotelly on 4/21/2012. (ls, )
FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
MAY 1 6 2012
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia
Phillip Bianco,
Plaintiff,
V.
United States eta!.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.
12 0787
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiffs pro se complaint and
application for leave to proceed in.forma pauperis. The Court will grant the in forma pauperis
application and dismiss the case because the complaint fails to meet the minimal pleading
requirements ufRule 8(a) ofthe Federal Rules of Civil Procedure.
Prose litigants must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch,
656 F. Supp. 237, 239 (D.D.C. 1987). 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, 129 S.Ct. 1937, 1950 (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).
3
Plaintiff is a resident of Wilkinsburg, Pennsylvania, purportedly suing the United States
and "26 Federal Plaza Community" in New York, New York. Compl. Caption. The rambling 36page complaint (sans exhibits) is best exemplified by plaintiffs assertion that "there is no one
Law, Rule, Statue [sic] or Act that [he] can plead because the decades long of a constant &
continual series of continued incidents and events are to [sic] broad of a scope to narrow down to
any one particular law or legal pleading." Compl. at 4 ~ 4. Because the complaint fails to
provide any notice of a claim and the basis of federal court jurisdiction, it will be dismissed. A
separate Order accompanies this Memorandum Opinion.
Date: April
~012
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?