Klein III v. Dolin et al, No. 3:2022cv00802 - Document 22 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION. See Opinion for details. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 7/17/2023. (sbea)
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Klein III v. Dolin et al Doc. 22 Case 3:22-cv-00802-MHL Document 22 Filed 07/17/23 Page 1 of 3 PageID# 67 Dockets.Justia.com Case 3:22-cv-00802-MHL Document 22 Filed 07/17/23 Page 2 of 3 PageID# 68 2. The first paragraph of the particularized amended complaint must contain a list of defendant(s ). Thereafter,in the body of the particularized amended complaint, Klein must set forth legibly,in separately numbered paragraphs a short statement of the facts giving rise to his claims for relief. Thereafter,in separately captioned sections,Klein must clearly identify each federal or state law allegedly violated. Under each section,Klein must list each defendant purportedly liable under that legal theory and explain why he believes each defendant is liable to him. Such explanation should reference the specific numbered factual paragraphs in the body of the particularized amended complaint that support that assertion. 3. Klein shall also include the relief he requests -what in the law is called a "prayer for relief." 4. The particularized amended complaint must stand or fall on its own accord. Klein may not reference statements in the prior complaints. 5. The particularized amended complaint must omit any unnecessary incorporation of factual allegations for particular claims and any claim against any defendant that is not well-grounded in the law and fact. See Sewraz v. Guice, No.3:08cv035,2008 WL 3926443,at *2 (E.D.Va.Aug.26,2008 ). (ECF No. 19,at 3-4.) The Court finds that Klein's Third Amended Complaint does not comply with the clear instructions set forth in the Court's May 10,2023 Order. (ECF No. 19.) For the "statement of the facts giving rise to his claims for relief," (ECF No. 19,at 4 ), Dolin simply asserts that "Christopher Dolin swore out 23 arrests for Plaintiff," that "[P]laintiff was held in the [t]he Commonwealth Jail system for no more than 32 days while awaiting bail from Chesterfield County and [t]he city of Richmond in Chesterfield County Jail and Pamunkey Reg'l Jail," and that "Christina Dolin ...sought to have issued a[n] order of protection." (ECF No.2015.) These facts do not amount to a "plain statement of the claim showing that the [plaintiff] is entitled to relief." Fed.R.Civ.Pro.8(a )(2 ). While Klein lists several "causes of action " and contends,in conclusory fashion,that the Defendants are liable to him,he does not "explain why he believes each defendant is liable to him " and does not "reference the specific numbered 2 Case 3:22-cv-00802-MHL Document 22 Filed 07/17/23 Page 3 of 3 PageID# 69
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