Barber v. Marinho, No. 1:2011cv01341 - Document 3 (D. Md. 2011)
Court Description: MEMORANDUM OPINION. Signed by Judge Richard D Bennett on 5/27/11. (c/m 5/27/11 bmh, Deputy Clerk)
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_FIlED -_~l1Icf1ED. _lCOOEl) -_RECEIVED nlTr" IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND 11M 2 7 2011 '~I .... ~ u~.".;O':.~ CLtRl<'U.S. DISTRICT COURT BISTRIGT9F kt~~NR * * ELLIS HARLEY BARBER Plaintiff v LEONARDO NOTTO MARINHO Defendant * * * * Civil Action No. RDB-II-1341 OPINION The above-captioned case was filed on May 17, 20 II, together with a Motion to Proceed in Forma Pauperis. The Complaint appears to concern a dispute regarding title and tags for a vehicle sold and purchased in Maryland. The address provided for Defendant is a Maryland address. Plaintiff appears indigent; therefore, his motion will be granted. The Complaint does not state a federal cause of action and fails to comply with Fed. R. Civ. Proc. 8(a). Factors to consider in determining if a complaint fails to comply with Rule 8(a) include the length and complexity of the complaint, see, e.g., United States ex reI. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003); whether the complaint was clear enough to enable the defendant to know how to defend himself, see, e.g., Kittay v. Kornstein, 230 F.3d 531, 541 (2d Cir. 2000); and whether the plaintiff was represented by counsel. See, e.g., Elliott v. Bronson, 872 F.2d 20, 21-22 (2d Cir. 1989). Although Plaintiff is unrepresented, the Complaint lacks clarity. The Court cannot determine the claims raised, and Defendant cannot craft a defense. Accordingly, the Complaint shall be dismissed without prejudice. A separate Order follows. (YlA- 'I Date .1 '7£ .z~ , ( """'- '~tm' *** MEMORANDUM ~ /U<J)2~ RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE
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