United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
D. Noce United States Magistrate Judge
lawsuit is before the Court on the motion of defendant Bureau
of Alcohol, Tobacco, Firearms & Explosives
(“ATF”) to dismiss plaintiff's complaint
under Federal Rule of Civil Procedure 12(b)(6), because it
fails to state a claim upon which relief can be granted.
(Doc. 6). Plaintiff filed a one-page complaint in the Circuit
Court of the County of St. Louis on May 14, 2019. (Doc. 1,
Ex. 5). The entirety of plaintiff's complaint is as
I Varonica Clayburn is filing a law suit against North County
for searching my home without a warrant and the ATF for
kicking down my door and placing me and my children outside
trashing our home and making jokes about things that was in
our home and going to my child school humiliating him in
front of classmates and placing him under arrest for a murder
charge he did not commit.
complaint fails to state a claim upon which relief may be
granted if it does not plead "enough facts to state a
claim to relief that is plausible on its face." Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
"A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged." Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). For a complaint to state a plausible
claim for relief requires the plaintiff to allege the
circumstances of the alleged incident, and in reviewing the
complaint the Court is required to draw upon its experience
and common sense. Id. at 679. The Court must assume
the well-pleaded facts are true, but the Court does not have
to accept as true merely general statements about what the
law requires or prohibits. Id. at 678
("Threadbare recitals of the elements of a cause of
action, supported by mere conclusory statements" are not
enough) (citing Twombly, 550 U.S. at 555).
complaint does not identify a specific cause of action, nor
does it state a claim in accordance with Federal Rule of
Civil Procedure 12(b)(6). Plaintiff must include more details
about the basis of her claims, including dates, as well as a
demand for the relief plaintiff seeks. The Court believes
that plaintiff's complaint does not satisfy what the law
requires for the case to go forward.
plaintiff is proceeding without counsel, the Court will not
dismiss plaintiff's complaint at this time, but will give
plaintiff an opportunity to replace the original complaint
with an amended complaint, in order to state what the law
requires. See In re Wireless Telephone Federal Cost
Recovery Fees Litigation, 396 F.3d 922, 928 (8th Cir.
2005). Plaintiff must submit the amended complaint on a
court-provided form, a copy of which is attached to this
Memorandum and Order and which is also available on the
Court's website and in the Clerk's Office.
plaintiff must comply with the Federal Rules of Civil
Procedure, including Rules 8 and 10. Rule 8 requires
plaintiff to set forth a short and plain statement of the
claim showing entitlement to relief, and it also requires
that each statement be simple, concise, and direct. Rule 10
requires plaintiff to state the claims in separate, numbered
paragraphs. Each paragraph should describe a single set of
"Caption" section of the amended complaint,
plaintiff must state the full name, to the extent plaintiff
knows it, of each defendant being sued. Plaintiff should also
indicate whether each defendant is being sued in his or her
individual capacity, official capacity, or both. The failure
to sue a defendant in his or her individual capacity may
result in the dismissal of that defendant. Plaintiff should
avoid naming anyone as a defendant unless that person is
directly related to the claim.
"Statement of Claim" section, plaintiff should
begin by writing the first defendant's name. In separate,
numbered paragraphs under that name, plaintiff should set
forth the specific factual allegations supporting a claim or
claims against that defendant. Plaintiff should state the
date, time, place, and people involved in each incident.
Plaintiff should only include claims that arise out of the
same transaction or occurrence, or simply put, claims that
are related to each other. See Fed. R. Civ. P.
may seek relief from one defendant, and set forth as many
claims as plaintiff has against that defendant. See
Fed. R. Civ. P. 18(a). If plaintiff is suing more than one
defendant, plaintiff should proceed in the same manner with
each one, separately writing each individual defendant's
name and, under that name, in numbered paragraphs, the
factual allegations supporting the claim or claims against
that defendant. Plaintiff's failure to make specific
factual allegations against any defendant will result in that
IT IS HEREBY ORDERED that, not later than
September 12, 2019, plaintiff must file an amended complaint
in accordance with the instructions set forth above.
IS FURTHER ORDERED that the Clerk of Court must mail
to plaintiff along with a paper copy of this Memorandum and
Order a blank Civil Complaint form. Plaintiff may request
additional forms as needed. If plaintiff fails to file an
amended complaint by September 12, 2019, the ...