Desir v. New York

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STIVENSON DESIR, )
)
Petitioner, )
)
v. ) Civil Action No. 1:22-cv-03405 (UNA)
)
NEW YORK, )
)
Respondent. )
MEMORANDUM OPINION
This matter is before the court on its initial review of petitioner’s pro se petition, ECF No.
1, and his application for leave to proceed in forma pauperis (“IFP”), ECF No. 2. The court will
grant petitioner’s application for leave to proceed IFP and dismiss the case for the reasons
explained below.
Petitioner, who is currently in the custody of the New York State Department of
Corrections, has filed a form pleading, titled as a petition pursuant to 28 U.S.C. § 2241, but upon
review, it does not appear that he actually seeks a writ of habeas corpus. The petition is far from
a model in clarity. Petitioner sues only “New York,” and the allegations that follow are vague,
rambling, and incongruent. The petition briefly touches on an order issued in another civil case
of petitioner’s that is currently pending in this District, and an order issued by the Clerk of the
United States Supreme Court in yet another case, though the context, relevance, or the connection
of those other cases to the named respondent, or to this lawsuit in general, is completely unclear.
Petitioner lists five grounds for this cause action, none of which is cognizable. His first
cause of action is listed as: “ad factum praestandum,” and he references ineffective assistance of
counsel and “newly discovered evidence” in passing, with no other context or explanation. His
second cause of action is listed as: “a penal redress to come to effect on basis of penal liability
requiring full compensation of the injured person as an instrument for punishing the offender,” and
a “protective order court reporters & recorders (missing property report) documents designating
confidential.” His third cause of action is listed as: “requisite exposure may usefully be singled
out for early targeted discovery. And a possible motion in limine or motion for summary judgment
with respect to certain religious property,” and then a “courts concurrent jurisdiction over
concerning acts which would constitute disorderly conduct appropriate to protect the public and
courts infractions, vexatious suit, discriminations. The interest in equity of a property, claim
arising in respect of assessment.” His fourth cause of action is listed as: “dissemination key factor
due to ‘the act of spreading, diffusing or dispersing; esp the circulation of defamaory matter. The
extension of a thing such as an idea, books, or document,” and references “corrections &
community supervision advertent in nature,” and “Richard Mitchell legal representative in seat
toward party mentioned accused of sole discretion of materials marked for delivery ‘oppression
and vexation deposition.” Finally, his fifth cause of action is listed as: “feudal investiture of an
fictious; toward misjustice appropriat[e] to protect the public & courts, infractions vexatious suit,
discriminations.” As for relief, he demands “ ‘impairment of functioning person resulting in
defective admittance. (ad factum praestandum). A joint appendix to an extraordinary procedure
for capital cases issuance by the courts.”
Petitioner also attaches a hand-written supplement, which is equally incomprehensible, and
includes a laundry list of intended additional claims, including: “liability,” “negligence,”
“professional malpractice,” “business entity,” “insurance,” “contract,” “UCC,” “environmental,”
“asbestos,” “certificate of incorporation/dissolution,” “emergency medical treatment,” “sale of
finance of religious/not for profit property,” “mechanic’s lien,” “local court appeal,” “ex
parte/habeas corpus,” “body of officer, election law, confinement review, mental hygiene,
retroactive law,” “arbitration,” “real property . . . condemnation,” and “tax certiorari.” He fails to
supply any facts to support a colorable claim under any of the listed subject areas.
Pro se litigants must comply with the Federal Rules of Civil Procedure, Jarrell v. Tisch,
656 F. Supp. 237, 239 (D.D.C. 1987), and the petition fails to comply with Rule 8(a) of the Federal
Rules of Civil Procedure, which requires such a pleading to contain “(1) a short and plain statement
of the grounds for the court’s jurisdiction [and] (2) a short and plain statement of the claim showing
that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a); see Ashcroft v. Iqbal, 556 U.S. 662, 678-
79 (2009); Ciralsky v. CIA, 355 F.3d 661, 668-71 (D.C. Cir. 2004). The Rule 8 standard ensures
that respondents receive fair notice of the claim being asserted so that they can prepare a responsive
answer and an adequate defense and determine whether the doctrine of res judicata applies. Brown
v. Califano, 75 F.R.D. 497, 498 (D.D.C. 1977). When a pleading “contains an untidy assortment
of claims that are neither plainly nor concisely stated, nor meaningfully distinguished from bold
conclusions, sharp harangues and personal comments [,]” it does not fulfill the requirements of
Rule 8. Jiggetts v. D.C., 319 F.R.D. 408, 413 (D.D.C. 2017), aff’d sub nom. Cooper v. D.C., No.
17-7021, 2017 WL 5664737 (D.C. Cir. Nov. 1, 2017). “A confused and rambling narrative of
charges and conclusions . . . does not comply with the requirements of Rule 8.” Cheeks v. Fort
Myer Constr. Corp., 71 F. Supp. 3d 163, 169 (D.D.C. 2014) (citation and internal quotation marks
omitted).
The instant petition falls squarely into this category. Neither the court nor respondent can
reasonably be expected to identify petitioner’s claims, and petitioner also fails to set forth
allegations with respect to this court’s subject matter jurisdiction over his entitlement to relief, if
any.
For these reasons, the complaint and this matter are dismissed without prejudice. A
separate order will issue.
AMY BERMAN JACKSON
Date: December 15, 2022 United States District Judge