Adams v. Jimenez

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
JESSIE ADAMS, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-26-94-R
)
SERGIO JIMENEZ, 	)
)
Defendant. 	)
ORDER
Plaintiff, proceeding pro se, has filed a Complaint alleging that “Defendant had ex
parte communication with certain individuals” and “conspired with other in violation of
due process.” No other allegations are included.
Rule 8(a)(2) requires a pleading to contain “a short and plain statement of the claim
showing that the pleader is entitled to relief.” This Rule “serves the important purpose of
requiring plaintiffs to state their claims intelligibly so as to inform the defendants of the
legal claims being asserted.” Mann v. Boatright, 477 F.3d 1140, 1148 (10th Cir. 2007).
The standard articulated by Rule 8 “does not require ‘detailed factual allegations,’ but it
demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting the Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007). “[C]onclusory allegations without supporting factual averments are
insufficient to state a claim on which relief can be based.” Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991).
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Thus, to meet Rule 8’s standard, a complaint must contain “enough facts to state a
claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556
U.S. at 678. This typically requires a complaint to “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.” Nasious v. Two Unknown
B.I.C.E. Agents, at Arapahoe Cnty. Just. Ctr., 492 F.3d 1158, 1163 (10th Cir. 2007). The
allegations must, at a minimum, provide “the defendant sufficient notice to begin preparing
its defense and the court sufficient clarity to adjudicate the merits.” Id. Additionally, Rule
8(d) requires “[e]ach allegation must be simple, concise, and direct.”
Here, Plaintiff’s allegations are too conclusory to state a plausible claim or give
defendant fair notice. The Court therefore strikes Plaintiff’s Complaint for failure to
comply with Federal Rule of Civil Procedure 8.
Plaintiff may cure the deficiencies by filing an amended complaint by February 12,
2026. The amended complaint must follow the general rules of pleading set out in Federal
Rule of Civil Procedure 8 and be a short and plain statement that is in a reasonable and
manageable format, provides the basis for the Court’s jurisdiction, contains all of Plaintiff’s
allegations, names all defendants, and identifies the specific relief Plaintiff seeks. A failure
to file an amended complaint by this deadline or otherwise comply with this order will
result in dismissal of this action without prejudice.
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IT IS SO ORDERED this 22 nd day of January, 2026.
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