govinfo:USCOURTS-njd-1_23-cv-23217-1

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
____________________________________ 
DARRELL F. GIST,    :   
      :  
  Plaintiff,   : Civ. No. 23-23217 (RBK) (MJS) 
      : 
 v.     :   
      :     
STEPHANIE MCGANN, et al.,  : MEMORANDUM AND ORDER  
      : 
  Defendants.   : 
____________________________________: 
 
 Plaintiff is a federal prisoner currently incarcerated at FMC Butner in Butner, North 
Carolina. He is proceeding with a civil complaint. (See ECF 1). Plaintiff has paid the $405.00 
filing fee. His complaint is subject to this Court’s sua sponte screening pursuant to 28 U.S.C. § 
1915A. Indeed, District Courts must review complaints in civil actions in which “a prisoner 
seeks redress from a governmental entity or officer or employee of a governmental entity.” See 
28 U.S.C. § 1915A(a). District Courts may dismiss any claim that is frivolous, malicious, fails to 
state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is 
immune from such relief. See id. § 1915A(b). According to the United States Supreme Court’s 
decision in Ashcroft v. Iqbal, “a pleading that offers ‘labels or conclusions’ or ‘a formulaic 
recitation of the elements of a cause of action will not do.’” 556 U.S. 662, 678 (2009) (quoting 
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).  
 To survive sua sponte screening for failure to state a claim, the complaint must allege 
“sufficient factual matter” to show that the claim is facially plausible. See Fowler v. UPMC 
Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). “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 [alleged] misconduct.” Iqbal, 556 U.S. at 678. Moreover, while courts liberally 
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construe pro se pleadings, “pro se litigants still must allege sufficient facts in their complaints to 
support a claim.” Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013) (citation 
omitted). 
 In addition to these pleading rules, a complaint must also satisfy Federal Rule of Civil 
Procedure 8(a), which states that: 
(a) A pleading that states a claim for relief must contain[:] (1) a 
short and plain statement of the grounds for the court’s 
jurisdiction, unless the court already has jurisdiction and the claim 
needs no new jurisdictional support; (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, which may include relief in the 
alternative or different types of relief. 
 
“Thus, a pro se plaintiff’s well-pleaded complaint must recite factual allegations which are 
sufficient to raise the plaintiff’s claimed right to relief beyond the level of mere speculation, set 
forth in a ‘short and plain’ statement of a cause of action.” Johnson v. Koehler, No. 18-00807, 
2019 WL 1231679, at *3 (M.D. Pa. Mar. 15, 2019). Stated differently, Rule 8 requires a showing 
that the plaintiff is entitled to relief to “give the defendant fair notice of what the . . . claim is and 
the grounds upon which it rests.” Id. (quoting Erickson v. Pardus, 551 U.S. 89, 93 (2007)) (other 
citations omitted).  
Upon screening Plaintiff’s complaint, it fails to comply with Rule 8 of the Federal Rules 
of Civil Procedure. Indeed, Plaintiff’s complaint is a series of interrogatories and document 
requests from various Defendants. The complaint is not simple, concise nor direct and does not 
set forth “a short and plain statement of the claim[s] showing the pleader is entitled to relief.” 
Williams v. Willingboro Twp., No. 20-1114, 2020 WL 3481773, at *2 (D.N.J. June 26, 2020) 
(quoting Fed. R. Civ. P. 8(a)(2)). Thus, Plaintiff’s complaint shall be dismissed without prejudice 
for failure to state a claim upon which relief may be granted. In any proposed all-inclusive 
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amended complaint that Plaintiff elects to file, he is encouraged to use the complaint form 
supplied by the Clerk. 
Accordingly, IT IS on this 23rd day of May, 2024, 
ORDERED that Plaintiff’s complaint is dismissed without prejudice for failure to state a 
claim upon which relief may be granted as it fails to comply with Federal Rule of Civil 
Procedure 8; and it is further 
 ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail: (1) a copy of this 
memorandum and order; and (2) a blank copy of a prisoner civil rights complaint; and it is 
further 
 ORDERED that the Clerk shall mark this case as closed. 
 
         s/ Robert B. Kugler 
         ROBERT B. KUGLER 
         United States District Judge 
 
 
 
  
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