Buchanan v. 132nd District Court of Texas

CourtDistrict Court, District of Columbia
DecidedFebruary 17, 2011
DocketCivil Action No. 2011-0398
StatusPublished

This text of Buchanan v. 132nd District Court of Texas (Buchanan v. 132nd District Court of Texas) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buchanan v. 132nd District Court of Texas, (D.D.C. 2011).

Opinion

UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF COLUMBIA FE3 17 2011 Clerk, U S Dis . ) Courts for ihe D~~f/ &t Bankruptcy Ie of COlumbia Timothy W. Buchanan, ) ) Plaintiff, ) ) v. ) Civil Action No. ) 132 nd District Court of Texas et at., ) ) Defendants. ) )

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff s 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 of Rule 8(a) of the Federal Rules of Civil Procedure.

Pro se 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, a Texas prisoner in Amarillo, sues a Texas state court there and four individuals

identified as a Judge, "D.A.," Clerk and Foreman. CompI. Caption. He seeks to "correct

indictments proir [sic] to trial, or $60 million dollars and I'll stay here." CompI. at 1. The

complaint fails to establish the basis of federal court jurisdiction and plaintiff s entitlement to

relief.! It therefore will be dismissed. A separate Order accompanies this Memorandum

Opinion.

·iL Qek)~-~ United States Distri t Judge Date: February J[) ,2011

! To the extent that plaintiff is seeking to correct the state court's docket, his recourse lies, if at all, in that court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Ciralsky v. Central Intelligence Agency
355 F.3d 661 (D.C. Circuit, 2004)
Jarrell v. Tisch
656 F. Supp. 237 (District of Columbia, 1987)
Brown v. Califano
75 F.R.D. 497 (District of Columbia, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
Buchanan v. 132nd District Court of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchanan-v-132nd-district-court-of-texas-dcd-2011.