Slovinec v. Meisburg

FILED AUG 25 2010 UNITED STATES DISTRICT COURT Clerk, U.S. District & Bankruptcy FOR THE DISTRICT OF COLUMBIA Courts for the District of Columbia ) Joseph Slovinec, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 10 1430 Ronald Meisburg, ) ) Defendant. ) ) MEMORANDUM OPINION This matter is before the Court on its initial review of plaintiff s pro se complaint and application for leave to proceed in forma pauperis. The Court will grant the in forma pauperis application and dismiss the case because the complaint fails to meet the minimal pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure. Pro se litigants must comply with the Federal Rules of Civil Procedure. Jarrell v. Tisch, 656 F. Supp. 237, 239 (D.D.C. 1987). Rule 8(a) of the Federal Rules of Civil Procedure requires complaints to contain "( 1) a short and plain statement of the grounds for the court's jurisdiction [and] (2) a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a); see Ashcroft v. Iqbal, 129 S.Ct. 1937, 1950 (2009); Ciralsky v. CIA, 355 F.3d 661,668-71 (D.C. Cir. 2004). The Rule 8 standard ensures that defendants receive fair notice of the claim being asserted so that they can prepare a responsive answer and an adequate defense and determine whether the doctrine of res judicata applies. Brown v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). — 2 — Plaintiff, a District of Columbia resident, sues the former General Counsel of the National Labor Relations for allegedly influencing "Yvonne Dixon to write a letter of March 23, 2010 with false statements .... " CompI. at 1. The attached letter to which plaintiff objects was written in response to his inquiry about appealing an adverse decision with regard to an alleged unfair labor practice. The complaint provides no notice ofa claim or the basis ofthis Court's jurisdiction. See Beverly Health and Rehabilitation Services, Inc. v. Feinstein, 103 F.3d 151, 153-54 (D.C. Cir. 1996) ("the National Labor Relations Act does not permit the district court to exercise jurisdiction over the decision of the General Counsel of the NLRB to issue an unfair labor practice complaint"). A separate Order of dismissal accompanies this Memorandum Opinion. Date: August /...4-,2010