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Senator Edward Kennedy — Part 22
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THE COMPLAINT SHOULD BE DISMISSED .
FOR FAILURE TO COMPLY WITH 7
RULE 8 OF THE FEDERAL RULES OF PROCEDURE
The plaintiff's complaint should.*be dismissed: because it
fails to set forth a claim for relief in compliance with
Federal Rules of Civil Procedure 8(a). Courts have
recognized that Rule 8(a) sets out a minimum standard for the
sufficiency or complaints, and requires that they at least
contain a short and plain statement of the claim that the
pleader is entitled to relief. Hatch v. Reliance Insurance
Co., 758 F2d 409, 415 (9th Circ-1985); Michaelis v. Nebraska
State Bar Ass'n., 717 F2d 437, 438 (8th Circ-1983); Harris v.
U.S. Dept. of Justice, 680 F2a 1109 (5th Circ-1982);
Washington v. Baenziger, 656 F. Supp. 176 (N.D. Cal-1987);
"Santa Barbara Like It Is Today", 94 F.R.D. 105, 108 (D. Nev.
1982); U.S. ex rel Dattola v. National Treasurey Employment
Union, 86 F.R.D. 496, 499 (W-D.PAr1980); Brown v. Califano,
75 F.R.D. 497, 498 (D.D.C.-1977).
Although plaintiff here is pro se and thus his
submissions are to be held to a less stringent standard than
those drawn by legal counsel, Brown, 75 F.R.D. at 499, it
nohetheless is the case that "even a pro se complaint is
subject to dismissal if the pleading fails reasonably to
inform the adverse party of the asserted cause of action."
Id. Indeed, the court in Brown dismissed with prejudice
‘a complaint by a pro se litigant which was a "confused and
rambling narrative of charges and conclusions concerning
numerous persons, ... (and) which contained an untidy
ae o
assortment. of claims that were neither plainly nor concisely
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