No. 23-5028

Eric St. George v. E. E.

Lower Court: Colorado
Docketed: 2023-07-05
Status: Denied
Type: IFP
IFP
Tags: 12b6-dismissal amendment civil-procedure dismissal due-process judicial-discretion motion-to-amend pleading-standards pro-se pro-se-plaintiff standing
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is it permissible for a State District Court to deny a pro-se plaintiff every motion to amend,to never allow an amendment to a meritorious case,to dismiss his case on 12(b)(4) failure to state a case upon which relief may be granted,citing a lack of particularity,to never once afford the plaintiff the opportunity to provide a more definite statement?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Is it permissible for a State District Court to deny a . pro-se plaintiff every motion to amend, to never allow an amendment to a meritorious case, to dismiss his case on 12(b) (4) failure to state a case upon which relief may be granted, citing a lack of particularity, to never once afford the plaintiff the opportunity to provide a more d&éfinite statement? INTRODUCTION The instant case is before this Court seeking the simplest of orders, the petitioner seeks a remand to the district court with instructions for the court to allow one single opportunity to amend his Complaint, no more and no less. On 31 July 2016, the Defendant made a false report to police oe against the Plaintiff, a dangerous lie, an act of SWATTING. It ultimately led to a near-fatal confrontation, a violent shootout, with the overzealous local police. The police and District . attorney brought criminal charges against their victim, the instant Plaintiff. ; / OO _ The Plaintiff brought suit against the Defendant on 18 DEC 2017. He was tried February 2018, and acquitted of the false allegation that had been made by Defendant Elliott, her lie was laid bare. Later that year, a judge from the same courthouse where Plaintiff had been tried dismissed this Complaint. Sufficient evidence was readily available to support every allegation made in the Complaint. St. George was never once permitted an opportunity to amend his pro-se Complaint, despite numerous attempts to obtain leave to do so. This Petitioner ought to have been given at very least an opportunity to give a more definite statement. He ought to have been given at minimum one chance to amend. The pro-se Plaintiff ought to have been afforded the chance to have the merits of his case tested, but never was. i

Docket Entries

2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2022-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2023)

Attorneys

Eric St. George
Eric St. George — Petitioner
Eric St. George — Petitioner