United States District Court, D. Massachusetts
J. Casper United States District Judge
Francisco Pagan-Mora, who is confined at FMC Devens and
represents himself pro se, has filed a document, D.
1, captioned as a “Memorandum Of Law In Support Of
Plaintiff's Motion For Preliminary Injunction, TRO, and
Suit” (“Memorandum”). The Memorandum was
accompanied by a proposed order granting preliminary
injunctive relief and a motion for appointment of counsel.
Pagan-Mora did not file a motion for injunctive relief or a
complaint. He also did not pay the filing fee or a motion for
leave to proceed in forma pauperis. For the reasons
set forth below, the Court directs Pagan-Mora to file a
complaint and resolve the filing fee.
Filing of a Complaint
civil action is commenced by filing a complaint with the
court.” Fed.R.Civ.P. 3. If he wishes to pursue this
action, he must file a complaint. The Court cannot consider a
motion for injunctive relief without an underlying complaint
which contains a statement of the Court's jurisdiction,
“a short and plain statement of the claim showing that
the pleader is entitled to relief, ” and a demand for
relief. See Fed.R.Civ.P. 8(a). The requirement to
provide a “short and plain statement of the
claim” means that the complaint must contain
“enough detail to provide [each] defendant with
‘fair notice of what the . . . claim is and the grounds
upon which it rests, '” Silverstrand Invs. v.
AMAG Pharm., Inc., 707 F.3d 95, 101 (1st Cir. 2013)
(quoting Ocasio-Hernandez v. Fortuno-Burset, 640
F.3d 1, 12 (1st Cir. 2011)) (alteration in original), or, in
other words, the statement of the claim “must ‘at
least set forth minimal facts as to who did what to whom,
when, [and] where, '” Calvi v. Knox
County, 470 F.3d 422, 430 (1st Cir. 2006) (quoting
Educadores Puertorriqueños en Acción v.
Hernandez, 367 F.3d 61, 68 (1st Cir. 2004)).
addition, a complaint should comply with other requirements
set forth in the Federal Rules of Civil Procedure. The
caption of the complaint “must name all the parties,
” Fed.R.Civ.P. 10(a). “A party must state its
claims . . . in numbered paragraphs, each limited as far as
practicable to a single set of circumstances.”
Fed.R.Civ.P. 10(b). “Each allegation must be simple,
concise, and direct.” Fed.R.Civ.P. 8(d)(1). The
plaintiff must sign the complaint. See Fed. R. Civ.
if Pagan-Mora wishes to pursue this action, complaint, he
must also pay a $350 filing fee and the $50 administrative
fee or file a request to proceed without prepayment of the
fee (often referred to as a motion for leave to proceed
in forma pauperis). Where, as here, the plaintiff is
a prisoner, a motion for waiver of prepayment of the filing
fee must be accompanied by “a certified copy of the
trust fund account statement (or institutional equivalent)
for the prisoner for the 6-month period immediately preceding
the filing of the complaint . . . obtained from the
appropriate official of each prison at which the prisoner is
or was confined.” 28 U.S.C. § 1915(a)(2).
on the information contained in the prison account statement,
the Court will direct the appropriate prison official to
withdraw an initial partial payment from the plaintiff's
account, followed by payments on a monthly basis until the
entire $350.00 filing fee is paid in full. See 28
U.S.C. § 1915(b)(1)-(2). Even the Court dismisses the
action upon a preliminary screening, see 28 U.S.C.
§§ 1915(e)(2), 1915A, or Pagan-Mora is otherwise
unsuccessful in this action, he remains obligated to pay the
$350 filing fee.
Pagan-Mora wishes to pursue this action he must, within
thirty-five days of the date of this order (a) Pay the $350
filing fee and $50 administrative fee or file a motion for
leave to proceed in forma pauperis with a six-month
certified prison account statement; and (b) file a complaint.
to comply with this order will result in dismissal of the
action without prejudice. The Clerk shall send Pagan-Mora an
Application to Proceed in District Court Without Prepaying
Fees or Costs, which Pagan-Mora may complete and file (with
the prison account statement) as a motion for leave to
proceed in forma pauperis.
motion for appointment of counsel is DENIED WITHOUT PREJUDICE
at this time.