HICKMAN v. ARCHIVES et al, No. 1:2010cv00012 - Document 3 (D.D.C. 2010)
Court Description: MEMORANDUM OPINION Signed by Judge Emmet G. Sullivan on 12/29/09. (ls, )
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FILED JAN - 6 2010 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Derian Douglas Hickman, Plaintiff, v. Derian Douglas Hickman Archives, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. Clerk, U.S. District and Bankruptcy Courts 10 U012 MEMORANDUM OPINION This matter comes before the court on review of plaintiffs application to proceed in forma pauperis and pro se civil complaint. The court will grant the application, and dismiss the complaint. The Court has reviewed plaintiffs complaint, keeping in mind that complaints filed by pro se litigants are held to less stringent standards than those applied to formal pleadings drafted by lawyers. See Haines v. Kerner, 404 U.S. 519,520 (1972). Evenpro se litigants, however, 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 requin~s 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). The purpose ofthe minimum standard of Rule 8 is to give fair notice to the defendants of the claim being asserted, sufficient to prepare a responsive answer, to prepare an adequate defense and to determine whether the doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). Plaintiff demands "payment of any royalty payments for use of copyrights, trademarks, [and] patents," an amount which "could exceed [$] 1 billion." CompI. at 1. As drafted, the complaint fails to comply with Rule 8(a) because it fails to include a short and plain statement showing that plaintiff is entitled to relief. For this reason, the complaint will be dismissed without prejudice. Plaintiff has filed at least ten complaints this year, all of which have been dismissed in screening because either the complaint is clearly frivolous and based on delusions or does not meet the minimum standards required as set forth in Rule 8. The plaintiff is advised that ifhe persists in filing such complaints, this Court may restrict his ability to proceed in forma pauperis. An Order consistent with this Memorandum 0 . . eparately. United States District Judge Date: J1-1t 7/ tlJ
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