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Thelen v. 18Th Judicial Courts

United States District Court, D. Colorado

April 22, 2014

MICHEL THELEN, Plaintiff,
v.
18TH JUDICIAL COURTS, 18TH JUDICIAL DISTRICT ATTORNEY, LINCOLN COUNTY COURTS, LINCOLN COUNTY SHERIFF'S DEPUTYS, WILLIAM SYLVESTER, DOUGLAS TALLMAN, CAROL CHAMBERS, JAMES BARTKUS, and TRUSTEN FISHER, Defendants.

ORDER OF DISMISSAL

LEWIS T. BABCOCK, Senior District Judge.

Plaintiff, Michel Thelen, initiated this action by filing pro se a Complaint (ECF No. 1). On February 12, 2014, Magistrate Judge Boyd N. Boland ordered Mr. Thelen to file an amended complaint that clarifies who he is suing and the claims he is asserting. Magistrate Judge Boland determined the Complaint did not comply with the pleading requirements of Rule 8 of the Federal Rules of Civil Procedure because Mr. Thelen failed to provide a short and plain statement of his claims showing he is entitled to relief. Magistrate Judge Boland warned Mr. Thelen that, if he failed to file an amended complaint that complies with the pleading requirements of Rule 8, the action would be dismissed without further notice. On April 16, 2014, Mr. Thelen filed an amended complaint (ECF No. 8) pursuant to 42 U.S.C. ยง 1983 seeking damages and unspecified injunctive relief.

The Court must construe the amended complaint liberally because Mr. Thelen is not represented by an attorney. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not be an advocate for a pro se litigant. See Hall, 935 F.2d at 1110. For the reasons discussed below, the action will be dismissed.

The Court has reviewed the amended complaint and finds that Mr. Thelen still fails to comply with the pleading requirements of Rule 8. The twin purposes of a pleading are to give the opposing parties fair notice of the basis for the claims against them so that they may respond and to allow the Court to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. See Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989); see also Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir. 2007) (stating that a complaint "must explain what each defendant did to him or her; when the defendant did it; how the defendant's action harmed him or her; and, what specific legal right the plaintiff believes the defendant violated.").

The requirements of Rule 8 are designed to meet these purposes. See TV Communications Network, Inc. v. ESPN, Inc., 767 F.Supp. 1062, 1069 (D. Colo. 1991), aff'd, 964 F.2d 1022 (10th Cir. 1992). Specifically, Rule 8(a) provides that a complaint "must contain (1) a short and plain statement of the grounds for the court's jurisdiction, ... (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." The philosophy of Rule 8(a) is reinforced by Rule 8(d)(1), which provides that "[e]ach allegation must be simple, concise, and direct." Taken together, Rules 8(a) and (d)(1) underscore the emphasis placed on clarity and brevity by the federal pleading rules. As a result, prolix, vague, or unintelligible pleadings violate the requirements of Rule 8.

Construing the amended complaint liberally, Mr. Thelen contends that his rights were violated in connection with his guilty plea, conviction, and ninety-day jail sentence in case number 2011M105, a county court case in Lincoln County, Colorado. Mr. Thelen agreed to plead guilty in the county court case to violation of a mandatory protection order that was entered in case number 10CR36, a district court case in Lincoln County. Mr. Thelen also alleges that his probation in case number 10CR36 was revoked as a result of his violation of the mandatory protection order. Mr. Thelen contends that the mandatory protection order in case number 10CR36 was vacated in February 2012 because the district court lacked jurisdiction to impose a mandatory protection order in that case.

The named Defendants in this action are the state courts in Lincoln County and Colorado's Eighteenth Judicial District, unidentified deputy sheriffs in Lincoln County, the Office of the District Attorney for Colorado's Eighteenth Judicial District, two district court judges in Colorado's Eighteenth Judicial District, a county court judge in Lincoln County, and two district attorneys for Colorado's Eighteenth Judicial District. Mr. Thelen's specific claims for relief in the amended complaint, in their entirety, are the following:

FIRST CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS
The Plaintiff was unlawfully given a mandatory criminal protection order in a traffic case. POISONOUS tree doctrine 1963.
SECOND CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS
The plaintiff was detained, questioned without his Maranda [sic] warning a violation of his 5th amendment rights.
THIRD CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS
The plaintiff was sentenced to 90 days in jail.
FOURTH CLAIM FOR RELIEF AND SUPPORTING ...

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