United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
Sorokin United States District Judge
reasons set forth below, the court: (1) grants the
plaintiff's motion for leave to proceed in forma
pauperis; (2) denies the plaintiff's motion for
appointment of counsel; and (3) orders the plaintiff to amend
her complaint within 28 days of the date of this Order.
22, 2017, Linda Marie Malouf (“Malouf”), a
California resident, brought this action pursuant to G.L. c.
260, § 4C, based on the Court's diversity
jurisdiction. See Complaint (“Compl.”).
Malouf seeks monetary damages from the two defendants.
Id. The named defendants are the Marshfield School
District in Marshfield, Massachusetts, and Stephen M. Benson
of Pennsylvania. Id.
her complaint, Malouf filed a motion for leave to proceed
in forma pauperis and for appointment of counsel.
See Docket Nos. 2, 3.
Plaintiff's Motion to Proceed In Forma Pauperis
review of the plaintiff's motion for leave to proceed
in forma pauperis, the Court concludes that she has
shown that she is without assets to pay the filing fee.
Accordingly, the motion is allowed. See 28 U.S.C.
Screening of the Action
plaintiff is allowed to proceed without prepayment of the
filing fee, summonses do not issue until the Court reviews
the complaint and determines that it satisfies the
substantive requirements of 28 U.S.C. § 1915(e). In
conducting this review, the Court liberally construes the
complaint because the plaintiff is proceeding pro se. See
Haines v. Kerner, 404 U.S. 519, 520-21 (1972). Even
under a liberal reading, however, the complaint is deficient
and will need to be amended for the Court to properly screen
it pursuant to 28 U.S.C. §1915(e)(2).
Plaintiff's Complaint Fails to Comply with the Basic
Rules of Pleading
complaint does not comport with the basic pleading
requirements of the Federal Rules of Civil Procedure and must
be amended. “The Federal Rules of Civil Procedure
require that a complaint include a short and plain statement
of the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). To satisfy Federal Rule
of Civil Procedure 8(a), a plaintiff must allege claims in a
way that gives the defendants fair notice of what the claims
are and the grounds for those claims. Ruiz-Rosa v.
Rullán, 485 F.3d 150, 154-55 (1st Cir 2007)
(citing Calvi v. Knox County, 470 F.3d 422, 430 (1st
Cir.2006)). The complaint “must ‘at least set
forth minimal facts as to who did what to whom, when, where,
and why.'” Ruiz-Rosa, 485 F.3d at 154
(quoting Educadores Puertorriquñeos en
Acción v. Hernández, 367 F.3d 61, 66 (1st
provisions of the Federal Rules of Civil Procedure that are
applicable to the drafting of a complaint include Rules 10
and 20. Rule 10 requires plaintiff to state her claims
“in numbered paragraphs, each limited as practicable to
a single set of circumstances”, and that if
“doing so would promote clarity, each claim founded on
a separate transaction or occurrence…must be stated in
a separate count…” Fed.R.Civ.P. 10(b). Further,
where a plaintiff brings claims against more than one
defendant in a single lawsuit, the claims must be limited to
those “arising out of the same transaction, occurrence,
or series of transactions or occurrences.” Fed.R.Civ.P.
Malouf used the pre-printed form, Pro Se 1 (Complaint for a
Civil Case), that is provided by the Administrative Office of
the United States Courts. See Compl., Docket No. 1.
Malouf clearly identifies the parties and the relief sought
on the five-page form. Id. She indicates diversity
jurisdiction based on “loss of career, emotional
distress, physical injury, severe PTSD [and] clinical
depression.” Id. at ¶ II(B)(3). However,
the five-page complaint, standing alone, does not include any
factual allegations upon which plaintiff's claims ...