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Simpson v. Circuit Court of City of Richmond

United States District Court, E.D. Virginia, Richmond Division

March 29, 2018

JAMES HENRY SIMPSON, Plaintiff,
v.
CIRCUIT COURT OF CITY OF RICHMOND, et al., Defendants.

          MEMORANDUM OPINION

          John A. Gibney, United States District Judge

         Plaintiff, a Virginia inmate proceeding pro se and in forms pauperis filed this 42 U.S.C. § 1983, [1] action and a subsequent document entitled "Facts." (ECF No. 14.) By Memorandum Order entered on January 25, 2018, the Court directed Plaintiff to file a Particularized Complaint. (ECF No. 16.) Plaintiff filed a Particularized Complaint (ECF No. 17); however, this document failed to comport with the directives of the Court. Rather, Plaintiff submitted a fifty-page, rambling narrative of his state court proceedings and the purported wrongdoings of every attorney or judge involved. By Memorandum Opinion and Order entered on February 22, 2018, the Court directed Plaintiff to file a second particularized complaint and explained the following to Plaintiff:

         The Particularized Complaint fails to comply with Federal Rule of Civil Procedure 8(a). That rule provides:

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(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, which may include relief in the alternative or different types of relief.

Fed. R. Civ. P. 8(a). Plaintiff fails to provide a short and plain statement of his claim. The Court will not consider any future Particularized Complaint that fails to comply with Federal Rule of Civil Procedure 8(a).

         Accordingly, Plaintiff is DIRECTED, within fourteen (14) days of the date of entry hereof, to particularize his complaint in conformance with the following directions and in the order set forth below:

a. At the very top of the particularized pleading, Plaintiff is directed to place the following caption in all capital letters "PARTICULARIZED COMPLAINT FOR CIVIL ACTION NUMBER 3:17CV470."
b. The first paragraph of the particularized pleading must contain a list of defendants. Thereafter, in the body of the particularized complaint, Plaintiff must set forth legibly, in separately numbered paragraphs, a short statement of the facts giving rise to his claims for relief. Thereafter, in separately captioned sections, Plaintiff must clearly identify each civil right violated. Under each section, the Plaintiff must list each defendant purportedly liable under that legal theory and explain why he believes each defendant is liable to him. Such explanation should reference the specific numbered factual paragraphs in the body of the particularized complaint that support that assertion. Plaintiff shall also include a prayer for relief.
c. The particularized pleading will SUPPLANT the prior complaints. The Court will not consider any allegations made outside of the particularized complaint or included in filings entitled "Facts." The particularized pleading must stand or fall of its own accord. Plaintiff may not reference statements in the prior complaints or other documents.

         FAILURE TO COMPLY WITH THE FOREGOING DIRECTIONS WILL RESULT IN DISMISSAL OF THE ACTION. See Fed. R. Civ. P. 41(b).

         Federal Rule of Civil Procedure 18(a) provides that: "A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party." Nevertheless, when a plaintiff seeks to bring multiple claims against multiple ...


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