CYNTHIA REED EDDY, Magistrate Judge.
Presently pending is the Motion for More Definite Statement filed by Defendants (ECF No. 45). For the reasons that follow, the motion will be granted.
Plaintiff, Heriberto Rodriguez, is an inmate currently confined at SCI Pittsburgh, and is proceeding pro se. Defendants have been served with Plaintiff's handwritten Complaint, and have filed the instant Motion for a More Definite Statement under Rule 12(e) of the Federal Rules of Civil Procedure.
Federal practice demands that a plaintiff set forth the allegations he may have against others in a complaint. In assessing the adequacy of a complaint, the United States Supreme Court has advised trial courts that they must
Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937, 1950 (2009).
Thus, a well-pleaded complaint must contain more than mere legal labels and conclusions. Rather, a complaint must recite factual allegations sufficient to raise the plaintiff's claimed right to relief beyond the level of mere speculation. As the United States Court of Appeals for the Third Circuit has stated when assessing the adequacy of a complaint:
Fowler, 578 F.3d at 210-11.
In addition to these pleading rules, a civil complaint must comply with the requirements of Rule 8(a) of the Federal Rule of Civil Procedure which defines what a complaint should say and provides that:
Thus, a well-pleaded complaint must contain more than mere legal labels and conclusions. Rather, a pro se plaintiff's complaint must recite factual allegations which are sufficient to raise the plaintiff's claimed right to relief beyond the level of mere speculation, set forth in a "short and plain" statement of a cause of action. Thus, it is well-settled that: "[t]he Federal Rules of Civil Procedure require that a complaint contain `a short and plain statement of the claim showing that the pleader is entitled to relief,' Fed.R.Civ.P. 8(a)(2), and that each averment be `concise, and direct,' Fed.R.Civ.P. 8(e)(1)." Scibelli v. Lebanon County, 219 F. App'x 221, 222 (3d Cir. 2007). Additionally, Rule 10(b) of the Federal Rules of Civil Procedure requires that "[a] party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed.R.Civ.P. 10(b).
The vehicle for a defendant to gain an understanding of the plaintiff's claims is a motion for more definite statement, made under Rule 12(e) of the Federal Rules of Civil Procedure. Rule 12(e) provides in part that:
Fed.R.Civ.P. 12(e).
In the instant case, Defendants have requested that the Court order Plaintiff to make a more definite statement of his claims against these defendants. The instant Complaint is handwritten, and begins on a standard complaint form, but then contains 21 pages of difficult to read run-on allegations in one continuous paragraph. The allegations appear to concern various claims each of which appears to be against various of the 22 defendants. However, it is difficult to decipher where one claim ends and another begins, which specific claims are being asserted against which specific defendants, and at times it is difficult to read Plaintiff's handwriting. This is not the first time that Plaintiff has been advised that his documents must be legible and must be in conformance with Rule 8. The Court finds that this case aptly:
Thomas v. Independence Twp., 463 F.3d 285, 301 (3d Cir. 2006).
The Court finds that Defendants cannot be reasonably required to frame a response to the Complaint in its current form. Accordingly, the Motion will be granted. An appropriate Order follows.
It is hereby
The Amended Complaint must recite factual allegations which are sufficient to raise the Plaintiff's claimed right to relief beyond the level of more speculation, contain "a short and plain statement of the claim showing that the pleading is entitled to relief," Fed.R.Civ.P. 8(a)(2), set forth in averments that are "concise, and direct." Fed.R.Civ.P. 8(e)(1).
This Amended Complaint must be a new pleading which stands by itself as an adequate complaint without reference to any other pleading already filed. Young v. Keohane, 809 F.Supp. 1185, 1198 (M.D.Pa. 1992). The complaint should set forth Plaintiff's claims in short, concise and plain statements, and in sequentially numbered paragraphs. The Amended Complaint should name the proper defendants, specify the offending actions taken by a particular defendant, be signed, and indicate the nature of the relief sought. Further, the claims should arise out of the same transaction, occurrence, or series of transactions or occurrences, and they should contain a question of law or fact common to all defendants.
The Court also notifies Plaintiff that, as a litigant who has sought leave to proceed in forma pauperis, his Amended Complaint may also be subject to a screening review by the Court to determine its legal sufficiency. See 28 U.S.C. § 1915(e)(2)(B)(ii).