West v. Tester
This text of West v. Tester (West v. Tester) 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
LEO WEST, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-01560 (UNA) ) ) JON TESTER, ) ) Defendant. )
MEMORANDUM OPINION
This action, brought pro se, is before the Court on review of Plaintiff’s Complaint, ECF
No. 1, and application to proceed in forma pauperis, ECF No. 2. The Court will grant the
application and dismiss the complaint.
Complaints filed by pro se litigants are held to less stringent standards than those applied
to formal pleadings drafted by lawyers. See Yellen v. U.S. Bank, Nat’l Assoc., 301 F. Supp. 3d 43,
47 (D.D.C. 2018). Still, pro se litigants must comply with the Federal Rules of Civil Procedure.
Id. Rule 8(a) of the Federal Rules of Civil Procedure requires that a complaint contain a short and
plain statement of the grounds upon which the court’s jurisdiction depends, a short and plain
statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for
the relief the pleader seeks. Fed. R. Civ. P. 8(a). It “does not require detailed factual allegations,
but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks and citation omitted).
The Rule 8 standard ensures that defendants receive fair notice of the claim being asserted
so that they can prepare a responsive answer, mount an adequate defense, and determine whether
the doctrine of res judicata applies. See Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). The standard also assists the court in determining whether it has jurisdiction over the subject
matter.
In the one-page complaint, Plaintiff writes “False statement Veteran Afair [sic] on the
Veteran shalter [sic] rel[ief] claim for 5,000,000.” Plaintiff does not state the basis of federal court
jurisdiction and allege facts to “give the defendant fair notice of what the claim is and the grounds
upon which it rests.” Jones v. Kirchner, 835 F.3d 74, 79 (D.C. Cir. 2016) (cleaned up).
Consequently, this case will be dismissed by separate order.
2024.07.10 July 10, 2024 16:51:51 -04'00' _____________________________
TREVOR N. McFADDEN, U.S. District Judge
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