Dealing with all lawyers and case matters filed by a Prose (handling a case without a lawyer)

As presented at the united states district court, Camden, NJ, at case with Docket #1-20-cv-18516,

Complaints and Claims

A complaint is the document that a plaintiff files to start a lawsuit. A defendant then may file an answer to the complaint, which may include a counterclaim by the defendant against the plaintiff. Sometimes a defendant tries to get a complaint dismissed for failing to state a claim.

Dioguardi v. Durning 一 There is no pleading requirement of stating facts sufficient to constitute a cause of action, but only that there be a short and plain statement of the claim showing that the pleader is entitled to relief.

Conley v. Gibson 一 A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of their claim that would entitle them to relief.

Bell Atlantic Corp. v. Twombly 一 A plaintiff must plead enough facts to state a claim to relief that is plausible on its face.

Ashcroft v. Iqbal 一 The tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.

Case v. State Farm Mutual Automobile Insurance Co. 一 It is not the duty of the trial court or the appellate court to create a claim that the plaintiff has not spelled out in their pleading.

Pruitt v. Cheney 一 A complaint should not be dismissed merely because the plaintiff’s allegations do not support the legal theory on which they intend to proceed, since a court has a duty to examine the complaint to determine if the allegations provide for relief on any possible theory.

Garr v. U.S. Healthcare, Inc. 一 Rule 11 requires that an attorney signing a pleading must personally make a reasonable inquiry into the contents of the pleading and conclude that it is well grounded in fact and warranted in law.