IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-02317-BNB
Vrlina Nozlic
5829 S. Datura St. #501
Littleton, CO 80120

| hereby certify that | have mailed a copy of the ORDER to the above-named
individuals on September 16, 2011.

GREGORY C. LANGHAM, CLERK

By: Gi
Deputy Clerk


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02317-BNB unre FILED ar
DENVER, COLORADO.
VRLINA NOZLIC,
SEP 16 2011
Plaintiff,
GREGORY C. LANGHAM
v. CLERK

—_—

DR. SAM ROMANO,
JOAN VAN DE WATER, and
AAHA HELPING PETS FUND, et al.,

Defendants.

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT

Plaintiff, Vriina Nozlic, initiated this action by filing a pro se complaint and a
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915. She has been
granted leave to proceed in forma pauperis.

The Court must construe liberally Ms. Nozlic’s Complaint because she is a pro
se litigant. Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d
1106, 1110 (10th Cir. 1991). For the reasons stated below, Ms. Nozlic will be ordered
to file an Amended Complaint.

Having reviewed the Complaint, the Court finds that it is deficient because it does
not comply with the pleading requirements of Rule 8 of the Federal Rules of Civil
Procedure. The twin purposes of a complaint are to give the opposing parties fair notice
of the basis for the claims against them so that they may respond and to allow the court
to conclude that the allegations, if proven, show that the plaintiff is entitled to relief. See

Monument Builders of Greater Kansas City, Inc. v. American Cemetery Ass'n of


Kansas, 891 F.2d 1473, 1480 (10th Cir. 1989). The requirements of Fed. R. Civ. P. 8
are designed to meet these purposes. See TV Communications Network, Inc. v.
ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff'd, 964 F.2d 1022 (10th Cir.
1992). Specifically, Rule 8(a) provides that a complaint “must contain (1) a short and
plain statement of the grounds for the court's jurisdiction, . . . (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.” The philosophy of Rule 8(a) is reinforced by Rule 8(d)(1), which
provides that “[eJach allegation must be simple, concise, and direct.” Taken together,
Rules 8(a) and (d)(1) underscore the emphasis placed on clarity and brevity by the
federal pleading rules. Prolix, vague, or unintelligible pleadings violate the requirements
of Rule 8.

In the Complaint, instead of asserting any claims, Ms. Nozlic has included a five-
page, single-spaced description of events that took place when her cat was admitted to
an animal hospital in Denver for emergency care. Although Ms. Nozlic asserts
jurisdiction pursuant to Title III of the Americans with Disabilities Act of 1964, it is not
clear what federal claims she is asserting in this action. Ms. Nozlic apparently expects
the Court and the defendants to speculate what claims she wants to allege. That is not
a judicial function. Nor is it the responsibility of the defendant. It is Ms. Nozlic’s job to
present her claims in a manageable format that allows the Court and the defendants to
know what claims are being asserted and to be able to respond to those claims. Ms.

Nozlic must allege, simply and concisely, her specific claims for relief. She may attach


documents to the amended complaint, but she may not rely solely on those documents
to present her claims.

The Court, therefore, will direct Ms. Nozlic to file an amended complaint on a
Court-approved form that sets forth her claims in a simple and concise manner. Ms.
Nozlic is instructed to complete the form in full. Accordingly, it is

ORDERED that, within thirty days from the date of this order, Ms. Nozlic file
an amended complaint that complies with this order and with the pleading requirements
of Rule 8 of the Federal Rules of Civil Procedure as discussed in this order. It is

FURTHER ORDERED that Ms. Nozlic shall obtain the court-approved Complaint
form, along with the applicable instructions, at www.cod.uscourts.gov. It is

FURTHER ORDERED that if Plaintiff fails within the time allowed to file an
amended complaint that complies with this order to the Court’s satisfaction, the

complaint and the action will be dismissed without further notice.

DATED at Denver, Colorado, this 16" day of September, 2011.

BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge