DocketNumber: 15-628
Judges: Patricia E. Campbell-Smith
Filed Date: 9/18/2015
Status: Non-Precedential
Modified Date: 4/18/2021
ORIGINAL ]n tbe mlntteb ~tateS' 867 F.2d 1401, 1403 (Fed. Cir. 1989). The court should liberally exercise its discretion to grant leave to amend.Id. at 1403-04. First, as to plaintiffs grounds that he is a "laymen of the [federal] laws," the court advises that prose plaintiffs are entitled to liberal construction of their pleadings. See Haines v. Kerner,404 U.S. 519, 520 (1972) (per curiam) (stating that prose plaintiffs are generally held to "less stringent standards than formal pleadings drafted by lawyers"); Vaizburd v. United States,384 F.3d 1278, 1285 n.8 (Fed. Cir. 2004) (noting that pleadings drafted by pro se parties "should ... not be held to the same standard as [pleadings drafted by] parties represented by counsel"). That being said, pro se plaintiffs must nevertheless meet jurisdictional requirements. Bernard v. United States,59 Fed. Cl. 497, 499, aff d,98 F. App'x 860(Fed. Cir. 2004) (per curiam); see also Kelley v. Dep't of Labor,812 F.2d 1378, 1380 (Fed. Cir. 1987) ("[A] court may not similarly take a liberal view of [a] jurisdictional requirement and set a different rule for prose litigants only."). Second, as to plaintiffs grounds that he did not "have a proper claims form," the court does not have such a "claims form." Instead, the court directs plaintiffs attention to the court's webpage, which provides relevant information for prose litigants: http://www.uscfc.uscourts.gov/pro-se-information. The court now turns to plaintiffs grounds that his claims are "factual and must be addressed as a public importance," and that they constitute "major injustices that are not moot." It is unclear to the court what new claims or facts plaintiff seeks to add to his complaint. The court nevertheless permits plaintiff the opportunity to amend his complaint. As such, plaintiffs motion is GRANTED. Plaintiff may file an amended complaint on or before October 2, 2015. Per RCFC 15(a)(3), defendant shall have "14 days after service of the amended pleading" to respond. IT IS SO ORDERED. .ti, Chief Judge