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McKinnie v. Hudson County Prosecutor Office

United States District Court, D. New Jersey

April 6, 2015

DERECK McKINNIE, Plaintiff,
v.
HUDSON COUNTY PROSECUTOR OFFICE et al., Defendants.

OPINION

KEVIN McNULTY, District Judge.

Plaintiff Derrick McKinnie has filed a complaint in this Court. The Complaint, however, does not describe any wrongdoing on the part of the defendants; it merely lists the defendants and the titles of the causes of action. Several defendants have filed two motions to dismiss under FED. R. Civ. P. 12(b)(6). These motions will be granted; the Complaint will be dismissed without prejudice to the filing of an amended complaint within 45 days.

IMPORTANT NOTICE TO THE PLAINTIFF

1. Any amended complaint must contain a statement of the facts underlying your claim, and state how each defendant violated your rights as to each of your claims. You may wish to consult the Court's Procedural Guide for Pro Se Litigants, available at www.njd.uscourts.gov/sites/njd/files/ProSeGuide.pdf

2. Certain defendants have filed a motion stating that they were never properly served with the complaint. They are: Hudson Vicinage of the State of New Jersey Judiciary (improperly pleaded as "Superior Court of N.J. Hudson County Chancery Div."), Priscila Pender (improperly pleaded as "Priscilla Syeriek Pender"), Michelle Field, Michelle Vicari, and Miguel Torres (improperly pleaded as "Migule Torres"). These defendants, associated with the Judiciary, cannot be served through the County Prosecutor's Office. If you file an amended complaint, you should make certain that these defendants have been served properly.

DISCUSSION

Federal law requires the complaint in a civil lawsuit to provide a certain minimum level of detail about what the plaintiff alleges the defendant to have done. At a minimum, the complaint must contain

(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief

Fed. R. Civ. P. 8(a). McKinnie's complaint falls short of providing the first two of these elements.

The complaint here contains no recitation of facts at all. Indeed, it contains hardly any full sentences. The first page of the complaint is a list of several "Ground[s] for Legal Action, "

1. Violation of Fourteen Amendment Of the U.S. Constitution
a. Equal Protection Clause
b. Due Process ...

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