Harper v. Department of the Navy

CourtDistrict Court, District of Columbia
DecidedNovember 13, 2025
DocketCivil Action No. 2025-3345
StatusPublished

This text of Harper v. Department of the Navy (Harper v. Department of the Navy) 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
Harper v. Department of the Navy, (D.D.C. 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

OSEI HARPER, ) ) Plaintiff, ) ) v. ) Civil Action No. 1:25-cv-03345 (UNA) ) DEPARTMENT OF THE NAVY, et al., ) ) ) Defendants. )

MEMORANDUM OPINION This matter is currently before the Court on consideration of, inter alia, Plaintiff’s pro se

Complaint, ECF No. 1, and his Application for Leave to Proceed in forma pauperis (“IFP”), ECF

No. 2. Upon review, the Court grants Plaintiff’s IFP Application, and dismisses this matter without

prejudice.

Plaintiff, a resident of Florida, sues the Department of the Navy, the Board for Correction

of Naval Records, the Department of Defense, the Secretary of the Navy (in his official capacity),

three naval officers (in their individual capacities), and “John Does 1–5,” see Compl. at 4–6. But

Plaintiff may not sue these Doe Defendants, as it contravenes D.C. Local Civil Rule 5.1(c)(1). The

Complaint itself chronicles “Plaintiff’s journey” and his attempt to “challenge[] a continuum of

harm spanning more than three decades, compounded by administrative obstruction and

falsification of records. This continuum originated in the U.S. Navy and metastasized through

three decades of discriminatory exclusion, marginalization, and systemic betrayal.” See id. at 7–

8.

Where the Complaint is most cognizable, Plaintiff broadly challenges the Navy’s responses

to his FOIA requests, see id. at 10–12, but Plaintiff then attempts to expand and connect these FOIA responses to a sprawling nefarious scheme orchestrated against him that “began as

command-level misconduct [and then] evolved into a pattern of administrative sabotage, legal

manipulation, and systemic obstruction,” id. at 8; see generally Compl. Plaintiff invokes the

FOIA, the Privacy Act, the Little Tucker Act, the Administrative Procedure Act, the Rehabilitation

Act, the Americans with Disabilities Act, Bivens and the Fifth and Sixth Amendments, the Federal

Mandamus Act, and the Federal Tort Claims Act. See id. at 6, 20–26.

In essence, Plaintiff attempts to address every wrong that he ever allegedly endured arising

from his military service and thereafter, from Defendants’ alleged “pyramid of misconduct,” see

id. at 11, 16, that has purportedly manifested in myriad ways, including alleged federal crimes, see

id. at 11, 25; “suppression of earned promotions,” see id. at 20; “targeted retaliation [and]

discriminatory exclusion,” see id. at 24; cruel and unusual punishment, see id. at 10, 24;

mistreatment based on disability leading up to his wrongful discharge in 1992, see id. at 4–10, 13,

10, 15–17, 20, 22, 24–25; post-discharge discrimination based on disability, 7, 17–21; denial of

benefits and medical treatment, see id. at 8, 10, 16–18, 20–21, 24, 27; failure to correct his military

record and falsification of records, see id. at 4, 6–8, 11–12, 18–20, 24–27; denial of “fair access to

administrative review,” and refusal “to engage in good faith consideration of his petitions,” see id.

at 6–7, 11, 14, 17, 20–21, 24, 26. He demands assorted equitable relief and damages. See id. at

27–28.

The Court also notes that, since this case was initiated less than two months ago, Plaintiff

has proliferated this case with numerous additional submissions, including supplementing the

Complaint with 171 pages of additional Exhibits and Memoranda, ECF Nos. 6 through 6-30, ECF

Nos. 7 through 7-2, but these proposed additions fail to comply with Federal Rule 15(a) or D.C.

Local Civil Rule 5.1(e), (g), 7(i), or 15(i), and to that same end, “Plaintiff’s [C]omplaint is not the legal equivalent of a LEGO set, something to be recreated,” in such piecemeal fashion, see

Whitman v. Dep’t of Army, No. 21-03163, 2023 WL 3844603, at *2 (D.D.C. June 5, 2023). And

although a “a pro se litigant must of course be given fair and equal treatment, he cannot generally

be permitted to shift the burden of litigating his case to the courts.” Dozier v. Ford Motor Co., 702

F.2d 1189, 1194 (D.C. Cir. 1983) (cleaned up); see Sun v. D.C. Gov’t, 133 F. Supp. 3d 155, 168

n.6 (D.D.C. 2015) (“[I]t is not the Court’s job to canvass the record for documents supporting a

pro se party’s position.”).

Here, the breadth of Plaintiff’s submissions does not assist him. Certainly, some of the

alleged wrongs may constitute plausible causes of action, if better pleaded, but instead of providing

the necessary supporting details of any these potential claims––e.g., how or when Defendants

negligently handled his administrative petitions––and which petitions were mishandled, or the

dates and administrative history of his FOIA requests, Plaintiff instead focuses largely on fleshing

out his theory of a “coordinated effort . . . of engineered neglect and deception,” Compl. at 7; see

generally Compl., but “‘a laundry list of wrongful acts and conclusory allegations to support h[is]

theory of a conspiracy,’” are patently “‘insufficient to allow the case to go forward.’” Curran v.

Holder, 626 F. Supp. 2d 30, 34 (D.D.C. 2009) (dismissing for lack of subject matter jurisdiction

as frivolous) (quoting Richards v. Duke Univ., 480 F. Supp. 2d 222, 233 (D.D.C. 2007)). Plaintiff

also focuses heavily on his attempts at settlement, see Compl. at 13–15, 19, 27–28, but those

discussions are irrelevant to the Court, see Jones v. Ashcroft, 321 F. Supp. 2d 1, 12 (D.D.C. 2004).

Pro se litigants must comply with the Federal Rules of Civil Procedure, Jarrell v. Tisch,

656 F. Supp. 237, 239 (D.D.C. 1987), and here, the Complaint and its addendums fail to comply

with Rule 8(a) of the Federal Rules of Civil Procedure, which requires a pleading 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, 556 U.S. 662, 678–79 (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).

Here, the Complaint is neither short nor plain, see Fed. R. Civ. P. 8(a), the allegations

cannot be described as simple, concise, and direct, see Fed. R. Civ. P. 8(d)(1), and the paragraphs

are not limited to a single set of circumstances, see Fed. R. Civ. P. 10(b).

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Related

Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Ciralsky v. Central Intelligence Agency
355 F.3d 661 (D.C. Circuit, 2004)
James J. Dozier v. Ford Motor Company
702 F.2d 1189 (D.C. Circuit, 1983)
Charles Kowal v. MCI Communications Corporation
16 F.3d 1271 (D.C. Circuit, 1994)
Jarrell v. Tisch
656 F. Supp. 237 (District of Columbia, 1987)
Curran v. Holder
626 F. Supp. 2d 30 (District of Columbia, 2009)
Jones v. Ashcroft
321 F. Supp. 2d 1 (District of Columbia, 2004)
Richards v. Duke University
480 F. Supp. 2d 222 (District of Columbia, 2007)
Sun v. District of Columbia Government
133 F. Supp. 3d 155 (District of Columbia, 2015)
Brown v. Califano
75 F.R.D. 497 (District of Columbia, 1977)

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