Ramos-Hernandez v. Popular Democratic Party

Filing 4

MEMORANDUM AND ORDER re 2 Complaint filed by Leonardo Ramos-Hernandez. The Complaint is summarily DISMISSED. Judgment shall be entered accordingly. Signed by Chief Judge Jose A Fuste on 8/2/2010.(mrj)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

LEONARDO RAMOS-HERNANDEZ, Plaintiff, v. POPULAR DEMOCRATIC PARTY, Defendant. Civil No. 10-1688 (JAF)

M E M O R A N D U M AND ORDER Plaintiff ACAN Leonardo Ramos-Hernandez, USN, has filed a pro se complaint, which he says is a "Recurso de Revision," against the Popular Democratic Party pursuant to 42 U.S.C. § 1983, the due process clause, the equal protection c lause, the Puerto Rico

Electoral Law "and any other statue [sic] that may provide the relieve [sic] requ ested, including freedom of press and speech." (Docket No. 2) He alleges harm because "candidates of concern," which he does not identify, are raising mo ney, presumably for an electoral

contest, "contrary to by-laws," which he doesn't identify either. The Court has conducted a review of the Complaint, construing it liberally, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), in

an attempt to "intuit the correct cause of action, even if it was imperfectly pled," Ahmed v. Rosenblatt, 118 F.3d 886, 890 (1st Cir. 1997).

Civil No. 10-1688 (JAF)

2

A complaint requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." Pardus, 551 U.S. at 93. no sense. relief. Erickson v.

The Complaint, however, makes absolutely

It doesn't even allege a conceivable entitlement of The Court is under no obligation to interpret this

Complaint, nor is it under any obligation to evaluate whether plaintiff has suffered damages. Rule 8(a). The Complaint clearly violates

"[A] plaintiff's obligation to provide the grounds of Bell

his entitlement requires more than labels and conclusions." Atl. Corp. v. Twombly, 550, U.S. 544, 555 (2007). Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). The Complaint is summarily entered accordingly. IT IS SO ORDERED. San Juan, Puerto Rico, August 2, 2010. S/JOSE ANTONIO FUSTE DISMISSED.

See generally,

Judgment shall be

JOSE ANTONIO FUSTE, CHIEF UNITED STATES DISTRICT JUDGE