Ruiz v. Gottlieb

Ruiz · United States District Court for the Western District of Oklahoma · February 10, 2026 · No. CIV-26-00177-JD

Summary

The United States District Court for the Western District of Oklahoma strikes Serena Ruiz’s pro se complaint for failing to satisfy Federal Rule of Civil Procedure 8 and for omitting sufficient factual allegations and jurisdictional grounds. The court grants leave to amend by February 24, 2026, warning that failure to do so will result in dismissal without prejudice.

Holdings

  1. The Complaint failed to comply with Rule 8 because it did not provide a short, plain, simple, concise, and direct statement of a claim showing entitlement to relief.
  2. The Complaint failed to state a plausible claim for relief because it contained conclusory assertions unsupported by factual content showing that the defendant was liable for alleged misconduct.
  3. The Complaint failed to assert grounds for the district court's jurisdiction.
  4. The plaintiff was granted leave to file an amended complaint by February 24, 2026, before the action would be dismissed without prejudice for failure to cure the pleading deficiencies.

Questions Presented

  1. Whether the Complaint complied with Federal Rule of Civil Procedure 8(a)(1), 8(a)(2), and 8(d).
  2. Whether the Complaint alleged sufficient factual content to state a plausible claim for relief.
  3. Whether the Complaint stated a basis for the district court's subject matter jurisdiction.
  4. Whether the plaintiff should be given an opportunity to amend before dismissal.

Disposition

other

Cases Cited (8)

  • Mann v. Boatright, 477 F.3d 1140, 1148 (10th Cir. 2007)(followed)
  • Haines v. Kerner, 404 U.S. 519 (1972)(followed)
  • Whitney v. New Mexico, 113 F.3d 1170, 1173-74 (10th Cir. 1997)(followed)
  • Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991)(followed)
  • Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007)(followed)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
  • Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
  • Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)(followed)

Cited In (0)

No citing cases on record yet.

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