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08-144 -

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08-144 -
August 11, 2008
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ENTRY - According to Rule 3 of the FRCP, a civil action is commenced upon the filing of a complaint. If Mr. Ballantine decides to file a lawsuit, he must file a complaint, and in doing so he shall be guided by the following: (a) the complaint shall comply with the requirement of Rule 8(a)(2) of the FRCP that pleadings contain "a short and plain statement of the claim showing that the pleader is entitled to relief..."; (b) the complaint shall comply with the requirement of Rule 10 that the allegations in a complaint be made in numbered paragraphs, each of which should recite only a single set of circumstances; (c) the complaint must identify what legal injury he claims to have suffered and what persons are responsible for each such legal injury; and (d) the complaint shall contain a clear statement of the relief which is sought. If a complaint is submitted as directed, Mr. Ballantine should place the above cause number on it and the court will direct its further processing as warranted. If Mr. Ballantine submits a complaint, he must contemporaneously either pay the $350.00 filing fee or demonstrate financial inability to do so. Signed by Judge David Frank Hamilton on 8/11/2008. c/m. (LBK)