Roy v. Supreme Court of United States ( 2012 )

ALD-297 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 12-3365
___________
KAMAL KARNA ROY, For Sey and Volunteers Officer of Non Profit Conglomerate &
Associations (17-1 Millions) In Number an Volunteer Fiducial Officer See Page1A For
Details,
Appellant
v.
SUPREME COURT OF UNITED STATES OF AMERICA; HON J. ROBERT, Chief
Judge; PRESIDENT OF THE UNITED STATES OF AMERICA; UNITED STATES OF
AMERICA GOVERNMENT
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil No. 12-cv-04152)
District Judge: Honorable Eduardo C. Robreno
____________________________________
Submitted for Possible Summary Action Pursuant to
Third Circuit LAR 27.4 and I.O.P. 10.6
September 27, 2012
Before: SLOVITER, FISHER and WEIS, Circuit Judges
(Opinion filed: October 4, 2012)
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OPINION
_________
PER CURIAM.
1
On July 24, 2012, Kamal Karna Roy of Saranac Lake, New York, filed a pro se
civil rights complaint in the United States District Court for the Eastern District of
Pennsylvania, naming the Supreme Court of the United States, the Chief Justice of the
United States, the President of the United States, the United States Government, and
several private companies and universities as defendants. The District Court granted Roy
leave to proceed in forma pauperis but immediately dismissed his complaint without
leave to amend, citing its incomprehensibility in addition to its failure to conform to the
requirements of Federal Rule of Civil Procedure 8(a). Roy timely filed this appeal.
We have jurisdiction to hear this appeal under 28 U.S.C. § 1291, given the District
Court’s dismissal of the complaint without leave to amend. See Borelli v. City of
Reading, 532 F.2d 950, 951-52 (3d Cir. 1976). We agree with the District Court that the
complaint is incomprehensible and that it fails to comply with Rule 8. See In re
Westinghouse Sec. Litig., 90 F.3d 696, 702 (3d Cir. 1996). While a court must ordinarily
grant leave to amend a deficient complaint, we believe that the District Court was not
required to do so under the circumstances presented here. See Grayson v. Mayview State
Hosp., 293 F.3d 103, 108 (3d Cir. 2002).
2