Summary
The United States District Court for the District of Maryland grants Bianca A. Hughley’s motion to proceed in forma pauperis. The court finds that her 105-page amended complaint fails to comply with Federal Rule of Civil Procedure 8 and the court’s local pleading rules, and directs her to file a concise second amended complaint within 28 days. The court denies without prejudice as premature her motion seeking defendants’ last known addresses for service and warns that failure to comply will result in dismissal.
Holdings
- The amended complaint did not comply with Rule 8 or the applicable Local Rules because it was excessively lengthy, contained irrelevant or incomprehensible allegations, and failed to identify clearly which defendants were liable for which claims.
- The court granted Plaintiff twenty-eight days to file a second amended complaint containing brief, concise, and clear factual allegations identifying the defendant or defendants liable for each claim.
- The motion requesting defendants' last known addresses for service was denied without prejudice as premature.
Questions Presented
- Whether the amended complaint complied with Federal Rule of Civil Procedure 8(a)(2) and 8(d)(1) and Local Rule 103.1.
- Whether the court should permit Plaintiff to file a second amended complaint rather than dismiss the action at the initial screening stage.
- Whether Plaintiff's motion seeking defendants' last known addresses for service should be granted before the filing and screening of a compliant amended complaint.
Disposition
other
Cases Cited (11)
- Lomax v. Ortiz-Marques, 140 S. Ct. 1721, 1723 (2020)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
- Weller v. Department of Social Services for City of Baltimore, 901 F.2d 387, 391 (4th Cir. 1990)(followed)
- Beaudett v. City of Hampton, 775 F.2d 1274, 1277 (4th Cir. 1985)(followed)
- Plumhoff v. Central Mortgage Co., 286 F. Supp. 3d 699, 701-02, 704 (D. Md.)(followed)
- T.M. v. District of Columbia, 961 F. Supp. 2d 169, 173-74 (D.D.C.)(followed)
- Stone v. Warfield, 184 F.R.D. 333, 555 (D. Md.)(followed)
- Wynn-Bey v. Talley, Civ. No. RWT-12-3121, 2012 WL 5986967, at *2 (D. Md. Nov. 28, 2012)(followed)
- Holsey v. Collins, 90 F.R.D. 122 (D. Md.)(followed)
- Brown v. Califano, 75 F.R.D. 497, 499 (D.D.C.)(followed)
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Court Document
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