Robinson et al v. Federal Bureau of Investigation et al

Filing 74

OPINION AND ORDER. Ms. Robinsons complaint is therefore DISMISSED under Federal Rule of Civil Procedure 8(a) without prejudice and with leave to amend. Signed on 3/13/13 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
BRANDY ROBINSON and J.H.,
No. 3:13-cv-00205-MO
Plaintiffs,
OPINION AND ORDER
v.
FEDERAL BUREAU OF INVESTIGATION
et al.,
Defendants.

MOSMAN, J.,
Pro se plaintiff Brandy Robinson has filed a 379-page complaint [1] against more than 20
defendants. For the following reasons, I sua sponte dismiss Ms. Robinson’s complaint without
prejudice and with leave to amend.
DISCUSSION
Under Federal Rule of Civil Procedure 8(a), a complaint must contain “a short and plain
statement of the claim showing that the pleader is entitled to relief.” Ms. Robinson’s complaint
fails this test. For example, Ms. Robinson marches through 1093 enumerated paragraphs before
she reaches her first claim for relief. The unreasonable length and convoluted nature of Ms.
Robinson’s complaint imposes an unfair burden on defendants and the Court. See Presidio
1 – OPINION AND ORDER

Group, LLC v. GMAC Mortg., LLC, 2008 WL 2595675, at *2 (W.D. Wash. June 27, 2008). I
therefore dismiss plaintiff’s complaint without prejudice and with leave to file an amended
complaint, not to exceed 35 pages, within 30 days from the date of this order. If Ms. Robinson
chooses to file an amended complaint, she need not recite every piece of evidence that she
intends to adduce at trial. Instead, Ms. Robinson should limit herself to a short and plain
statement of her claims. The amended complaint only must contain “sufficient factual matter,
accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
CONCLUSION
Ms. Robinson’s complaint is therefore DISMISSED under Federal Rule of Civil
Procedure 8(a) without prejudice and with leave to amend.
IT IS SO ORDERED.
DATED this

13th

day of March, 2013.

/s/ Michael W. Mosman
.
MICHAEL W. MOSMAN
United States District Judge

2 – OPINION AND ORDER