Simpson v. City Of Fredericksburg et al, No. 3:2022cv00745 - Document 23 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION (Granting Defendants' Motions to Dismiss & Granting Plaintiff Leave to Amend). Signed by District Judge Henry E. Hudson on 3/9/2023. (Copy mailed to plaintiff) (smej, )
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Simpson v. City Of Fredericksburg et al Case 3:22-cv-00745-HEH Document 23 Filed 03/09/23 Page 1 of 6 PageID# 221 Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division ) ) Plaintiff, ) ) v. ) ) CITY OF FREDERICKSBURG, et al., ) ) ) Defendants. RICHARD M. SIMPSON, Civil Action No. 3:22-cv-745-HEH MEMORANDUM OPINION (Granting Defendants' Motions to Dismiss & Granting Plaintiff Leave to Amend) This matter is before the Court on Defendants City of Fredericksburg; Yvonne J. Nageotte; and Nageotte, Nageotte, Nageotte, PC's (collectively, the "Defendants") Motions to Dismiss (the "Motions," ECF Nos. 8, 12), filed on January 18, 2023, and February 2, 2023, respectively. On November 30, 2022, prose Plaintiff Richard M. Simpson ("Plaintiff') filed a Complaint (ECF No. 1) alleging a myriad of claims. 1 Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendants seek to dismiss all of Plaintiff filed his Complaint pro se and did not disclose to the Court that he is a licensed attorney. However, according to the Washington State Bar Association, Plaintiff is a licensed attorney in the state of Washington. (Defs.' Mem. in Supp. at 1, ECF No. 13); Washington State Bar Association Legal Directory, Legal Profile for Richard M Simpson, https://www.mywsba.org/Personify Ebusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000 053162 (last visited March 7, 2023). Accordingly, Plaintiff "is not entitled to the liberal construction of pleadings ordinarily afforded to pro se litigants." Gordon v. Gutierrez, No. 1:06cv861, 2006 WL 3760134, at *1 n.1 (E.D. Va. Dec. 14, 2006). Other Circuit Courts of the United States Courts of Appeals have also drawn a distinction between pro se attorneys and other pro se parties. See Rashad v. Jenkins, No. 3:15cv655, 2016 WL 901279, at *3 (E.D. Va. Mar. 3, 2016) (collecting federal circuit court cases). Dockets.Justia.com Case 3:22-cv-00745-HEH Document 23 Filed 03/09/23 Page 2 of 6 PageID# 222 Case 3:22-cv-00745-HEH Document 23 Filed 03/09/23 Page 3 of 6 PageID# 223 Case 3:22-cv-00745-HEH Document 23 Filed 03/09/23 Page 4 of 6 PageID# 224 Case 3:22-cv-00745-HEH Document 23 Filed 03/09/23 Page 5 of 6 PageID# 225 Case 3:22-cv-00745-HEH Document 23 Filed 03/09/23 Page 6 of 6 PageID# 226 Blanket assertions of illegal conduct and false accusations with no factual supplementation will not suffice to save the Complaint from dismissal. As evidenced by Defendants' Exhibits, there was a valid protective order in place against Plaintiff, he was found in violation of that order, and arrested and held without bond by the state magistrate judge. (Protective Order at 1-3, ECF No. 13-5; Arrest Warrants at 1-2, ECF Nos. 13-6, 13-7; Incident Report at 1-7, ECF No. 13-8.) Based on this evidence, there was a basis for any alleged arrest by the City of Fredericksburg, and the face of the incident reports plainly states that Plaintiffs wife, not Yvonne Nageotte, sought the arrest warrants on her own. (Incident Report at 3, 5.) Therefore, there is no factual basis alleged at all to support Plaintiffs claims against Defendants. Accordingly, Defendants' Motions (ECF Nos. 8, 12) will be granted, and Plaintiffs Complaint will be dismissed without prejudice. However, the Court believes Plaintiff deserves another attempt to amplify the factual and legal basis upon which his claim rests. Therefore, the Court will grant Plaintiff leave to file an amended complaint within thirty (30) days of the entry of the accompanying Order. Plaintiff, however, is warned that failing to file a timely amended complaint that complies with the Federal Rules of Civil Procedure and the pleading standards governing federal courts, may result in the dismissal of his action with prejudice. The Court will also entertain any motions for attorneys' fees should any filed amended complaint be deemed frivolous. An appropriate Order will accompany this Me11! r nion. - -1--_r-__ ls ;.;.._11 Date: Mo.n; \ 261.3 Richmond, Virginia ..a..;;/ _____ Henry E. Hudson Senior United States District Judge 6
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