United States District Court, D. Nebraska
MEMORANDUM AND ORDER
RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE
a non-prisoner, filed her Complaint on April 8, 2016. (Filing
No. 1.) Plaintiff has been given leave to proceed in
forma pauperis. (Filing No. 5.) The court now
conducts an initial review of the Complaint to determine
whether summary dismissal is appropriate under 28 U.S.C.
SUMMARY OF COMPLAINT
entirety of Plaintiff’s Complaint is this: "We
pray for a decioration that ‘Lux’ violated our
constitutional rights under color of state law when he held
us without NesNe Sine die Sans MesMe." (Filing No.
APPLICABLE STANDARDS ON INITIAL REVIEW
court is required to review in forma pauperis complaints to
determine whether summary dismissal is appropriate. See
28 U.S.C. § 1915(e). The court must dismiss a
complaint or any portion of it that states a frivolous or
malicious claim, that fails to state a claim upon which
relief may be granted, or that seeks monetary relief from a
defendant who is immune from such relief. 28 U.S.C.
plaintiffs must set forth enough factual allegations to
"nudge their claims across the line from conceivable
to plausible, " or "their complaint must be
dismissed." Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 569-70 (2007); see also Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) ("A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.").
essential function of a complaint under the Federal Rules of
Civil Procedure is to give the opposing party ‘fair
notice of the nature and basis or grounds for a claim, and a
general indication of the type of litigation
involved.’" Topchian v. JPMorgan Chase Bank,
N.A., 760 F.3d 843, 848 (8th Cir. 2014) (quoting
Hopkins v. Saunders, 199 F.3d 968, 973 (8th Cir.
1999)). However, "[a] pro se complaint must be
liberally construed, and pro se litigants are held to a
lesser pleading standard than other parties."
Topchian, 760 F.3d at 849 (internal quotation marks
and citations omitted).
DISCUSSION OF CLAIMS
Complaint fails to comply with the general rules of pleading
set forth in Federal Rule of Civil Procedure 8. Rule
8 requires that every complaint contain "a short and
plain statement of the claim showing that the pleader is
entitled to relief." Fed. R. Civ. P. 8(a)(2).
In addition, a complaint must state enough to
"‘give the defendant fair notice of what the . . .
claim is and the grounds upon which it rests.’"
Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting
Bell Atlantic Corp., 550 U.S. at 555)).
the court cannot determine any basis for Plaintiff suing the
defendants. Aside from Plaintiff’s general allegation
that Lux violated her constitutional rights under color of
state law, Plaintiff raises no claims and makes no
allegations against any of the defendants. Thus,
Plaintiff’s Complaint fails to state a claim upon which
relief may be granted.
court’s own motion, Plaintiff shall have 30 days from
the date of this Memorandum and Order to file an amended
complaint that sufficiently describes his claims against
Defendants. Plaintiff should be mindful to explain what
Defendants did to her, when Defendants did it, how
Defendants’ actions harmed her, and what specific legal
rights Plaintiff believes Defendants violated. If Plaintiff
fails to file an amended complaint in accordance with this
Memorandum and Order, Plaintiff’s claims against
Defendants will be dismissed without prejudice and without
further notice. Accordingly, IT IS ORDERED that:
Plaintiff shall have 30 days from the date of this Memorandum
and Order to file an amended complaint that clearly states a
claim upon which relief may be granted against Defendants in
accordance with this Memorandum and Order. If Plaintiff fails
to file an amended complaint, Plaintiff’s claims
against Defendants will be dismissed without further notice.
clerk of the court is directed to set a pro se case
management deadline in this case using the following text: