Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Holloway v. Selsky

January 17, 2006

DESHON HOLLOWAY, PLAINTIFF,
v.
DONALD SELSKY, DIRECTOR OF SPECIAL HOUSING; THOMAS RICKS, SUPERINTENDENT; JOHN DONELLI, DEPUTY SUPERINTENDENT; AND CURTIS DROWN, COMMISSIONER HEARING OFFICER, DEFENDANTS.



The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

DECISION AND ORDER

I. Background

By Order filed on May 20, 2005, the Court determined that the civil rights Complaint submitted by Plaintiff, Deshon Holloway, was properly filed with the Court. Dkt. No. 4. Presently before the Court is an Amended Complaint submitted by Plaintiff.*fn1 Dkt. No. 16.

Because the pleading submitted by Plaintiff fails to satisfy the basic pleading requirements established by the Federal Rules of Civil Procedure, the Amended Complaint will be stricken from the docket of this action.

II. Discussion

(A) Rules Governing Pleading Requirements

Rule 8 of the Federal Rules of Civil Procedure provides that a pleading which sets forth a claim for relief shall contain, inter alia, "a short and plain statement of the claim showing that the pleader is entitled to relief." See Fed. R. Civ. P. 8(a)(2). The purpose of this Rule "is to give fair notice of the claim being asserted so as to permit the adverse party the opportunity to file a responsive answer, prepare an adequate defense and determine whether the doctrine of res judicata is applicable." Hudson v. Artuz, 1998 WL 832708, *1 (S.D.N.Y. Nov. 30, 1998) (quoting Powell v. Marine Midland Bank, 162 F.R.D. 15, 16 (N.D.N.Y.1995) (McAvoy, C.J.) (other citations omitted)).

Moreover, Rule 10 of the Federal Rules of Civil Procedure provides, in part:

(b) Paragraphs; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

The purpose of Rule 10 is to "provide an easy mode of identification for referring to a particular paragraph in a prior pleading ...." Sandler v. Capanna, No. 92-4838, 1992 WL 392597, *3 (E.D.Pa. Dec. 17, 1992) (citing 5 C. Wright & A. Miller, Federal Practice and Procedure, § 1323 at 735 (1990)).

A complaint that fails to comply with these Rules presents too heavy of a burden for the defendants in shaping a comprehensive defense, provides no meaningful basis for the Court to assess the sufficiency of plaintiff's claims, and may properly be dismissed by the Court. Gonzales v. Wing, 167 F.R.D. 352, 355 (N.D.N.Y. 1996) (McAvoy, C.J.). As the Second Circuit has stated, "[w]hen a complaint does not comply with the requirement that it be short and plain, the Court has the power to, on its own initiative, ... dismiss the complaint." Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir. 1988). "Dismissal, however, is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised." Hudson, 1998 WL 832708, *2 (citation omitted). In those cases in which the Court dismisses a pro se complaint for failure to comply with these Rules, it should afford the plaintiff leave to amend the complaint to state a claim that is on its face non-frivolous. See Simmons II v. Abruzzo, 49 F.3d 83, 86-87 (2d Cir. 1995).

(B) Allegations Contained in the Complaint

A review of the Amended Complaint reveals that it clearly fails to satisfy the requirements of the above-mentioned Federal Rules. It appears that Plaintiff is alleging, inter alia, due process violations, false misbehavior reports, use of excessive force, and denial of adequate nutrition. Dkt. No. 16.

Far from being "short and plain," however, Plaintiff's Amended Complaint consists of fifty-six (56) pages setting forth claims against the original four Defendants to this action plus an additional twenty-seven (27) Defendants. Plaintiff has failed to set out a short, plain statement of facts. "Unnecessary prolixity in a pleading places an unjustified burden on the court and the party who must respond to it because they are forced to select the relevant material from a mass of verbiage." Politico ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.