Church of Jesus Christ of Latter-Day Saints v. Lawrence
This text of Church of Jesus Christ of Latter-Day Saints v. Lawrence (Church of Jesus Christ of Latter-Day Saints v. Lawrence) 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.
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
) CHURCH OF JESUS CHRIST OF ) LATTER-DAY SAINTS, et al ) ) Plaintiffs, ) ) v. ) Civil Action No. 21-cv-3392-TSC ) R. CRAIG LAWRENCE, Assistant United ) States., ) ) Defendants. ) )
MEMORANDUM OPINION
Pro se Plaintiff Xiu Jian Sun brings this action on his own behalf and purports to
also bring it on behalf of the Church of Jesus Christ of Latter-Day Saints. Sun names
numerous current or former Assistant United States Attorneys as Defendants. The
Complaint does not contain any citations to common law or statutory theories. Nor
does it contain any factual allegations. Rather, Sun quotes what appear to be Biblical
versus about stealing, lying, and offending, as the basis for demanding a jury trial “with
god’s [sic] law.” Compl. at ECF p. 4.
“The Court is mindful that a pro se litigant’s complaint is held to a less stringent standard
than formal pleadings drafted by lawyers.” Jarrell v. Tisch, 656 F. Supp. 237, 239 (D.D.C.
1987) (citing Redwood v. Council of the District of Columbia, 679 F.2d 931 (D.C. Cir. 1982);
Haines v. Kerner, 404 U.S. 519 (1972)). However, this standard “does not constitute a license
for a plaintiff filing pro se to ignore the Federal Rules of Civil Procedure or expect the Court to
decide what claims a plaintiff may or may not want to assert.” Jarrell, 656 F. Supp. at 239 (citations omitted). Rule 8(a) of the Federal Rules of Civil Procedure requires that complaints
contain, inter alia, “a short and plain statement of the claim showing that the pleader is entitled
to relief.” Fed. R. Civ. P. 8(a). In other words, Rule 8(a) requires that the plaintiff “give the
defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 555–56 (2007) (holding that the complaint must contain enough “factual
matter” to suggest liability) (citation and alterations omitted). Plaintiff must assert enough facts
to give the defendant “fair notice of the claim being asserted so as to permit the [defendant] the
opportunity to file a responsive answer, prepare an adequate defense and determine whether the
doctrine of res judicata is applicable.” Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977)
(citation omitted).
Sun’s Complaint does not meet the Rule 8 pleading standard. The complaint does not
establish a legally cognizable basis for his claims or the basis for the court’s jurisdiction.
Thus, Sun has not given the Defendants “fair notice of what the claim is and the grounds upon
which it rests.” Twombly, 550 U.S. at 555. Therefore, by separate order, the court will dismiss
the complaint without prejudice.
Date: January 10, 2022
Tanya S. Chutkan TANYA S. CHUTKAN United States District Judge
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Church of Jesus Christ of Latter-Day Saints v. Lawrence, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-of-jesus-christ-of-latter-day-saints-v-lawrence-dcd-2022.