United States District Court, N.D. New York
Stephanie Gilmore, Plaintiff pro se
REPORT-RECOMMENDATION & ORDER
CHRISTIAN F. HUMMEL U.S. MAGISTRATE JUDGE
In Forma Pauperis
pro se Stephanie Gilmore commenced this action on
July 23, 2019, with the filing of a complaint and an
application to proceed in forma pauperis (“IFP). Dkt.
No. 1 (“Compl.”), Dkt. Nos. 1-2. After reviewing
plaintiff's application, the undersigned concludes that
plaintiff may properly proceed IFP for purposes of
filing. The undersigned must now assess
plaintiff's complaint pursuant to 28 U.S.C. §
1915(e) of Title 28 of the United States Code directs that,
when a plaintiff seeks to proceed IFP, "the court shall
dismiss the case at any time if the court determines that . .
. the action or appeal (i) is frivolous or malicious; (ii)
fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune
from such relief." 28 U.S.C. § 1915(e)(2)(B). Thus,
it is a court's responsibility to determine that a
plaintiff may properly maintain his complaint before
permitting him to proceed with his action.
guidelines are set forth in the Federal Rules of Civil
Procedure. Specifically, Rule 8 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 . . .
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." Flores v.
Graphtex, 189 F.R.D. 54, 54 (N.D.N.Y. 1999) (internal
quotation marks and citations omitted). Rule 8 also requires
the pleading to include:
(1) a short and plain statement of the grounds for the
court's jurisdiction . . .;
(2) a short and plain statement of the claim showing that the
pleader is entitled to relief; and
(3) a demand for the relief sought . . . .
Fed. R. Civ. P. 8(a). Although "[n]o technical form is
required," the Federal Rules make clear that each
allegation contained in the pleading "must be simple,
concise, and direct." Id. at 8(d).
Rule 10 of the Federal Rules provides in pertinent part that:
[a] party must state its claims or defenses in numbered
paragraphs, each limited as far as practicable to a single
set of circumstances. A later pleading may refer by number to
a paragraph in an earlier pleading. If doing so would promote
clarity, each claim founded on a separate transaction or
occurrence - and ...