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Johnson v. Dover Police

Superior Court of Delaware, Kent

December 4, 2014

Isaac Johnson
v.
Dover Police, Delaware State Police

Letter Order on Plaintiff's Motion to Proceed In Forma Pauperis -MOTION GRANTED with Instructions to Refile the Complaint.

William L. Witham, Jr. Resident Judge

Dear Mr. Johnson:

The Court is in receipt of your initial Complaint seeking to recover for injuries sustained, and perhaps mental health issues, stemming from the incident in question on October 27, 2012. You have also filed a Motion to Proceed In Forma Pauperis. Because it does not appear that your Complaint is frivolous, your application to proceed In Forma Pauperis is GRANTED. IT IS SO ORDERED.

While the Court notes that you are acting as your own attorney, you are required to follow the Superior Court Rules of Civil Procedure (SCCR) in proceeding with your case. SCCR 8 (e) requires that each averment of a pleading be simple, concise and direct. Additionally, each paragraph of the Complaint should be numbered and ordered sequentially. SCCR 10 (b). Form 10 of the Superior Court Civil Rules gives an example of how the Complaint is to look. Forms 10 and 31 of the SCCR are enclosed. I encourage you to examine all the forms attached at the end of the Civil Rules. You should consult carefully with our official Delaware Rules Annotated. These are available in most libraries, or online with questions at http://www.lexisnexis.com.

The Complaint, as currently written is insufficient. Your Complaint should state your claims in a simple, concise and direct manner. The Complaint does not have to be short in total length, but each allegation should be simple, concise, and direct with numbered paragraphs. I also refer you to SCCR's 5, 8, 9, and, in particular, 11. Remember, you must state facts, not conclusions. For allegations of fraud and negligence, particular circumstances are needed to establish your claim.

I also encourage you to read our Civil Case Management Plan for further guidance.

If you fail to comply, your case is subject to dismissal. I will grant you leave to refile your Complaint within forty (40) days from the issuance of this Order in accordance with Superior Court Civil Rules.

IT IS SO ORDERED.


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