United States District Court, E.D. Virginia, Richmond Division
A. Gibney, United States District Judge
a Virginia inmate proceeding pro se and in forms
pauperis filed this 42 U.S.C. § 1983,
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
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
(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).
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
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
TO COMPLY WITH THE FOREGOING DIRECTIONS WILL RESULT IN
DISMISSAL OF THE ACTION. See Fed. R.
Civ. P. 41(b).
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 ...