He v. United States of America

Background

On April 21, 2023, the court dismissed Xuejie He’s original complaint without prejudice and gave her until June 20, 2023, to file an amended complaint. The court had identified several defects: most of the claims were substantively identical to claims brought in a prior New Jersey case and therefore could not be litigated again; the basis for federal jurisdiction was unclear; the complaint was confusing and did not comply with Federal Rule of Civil Procedure 8; some claims appeared to be time-barred; and the complaint did not sufficiently distinguish among the defendants or the relief requested.

The court allowed He to replead claims that had not been brought, or could not have been brought, in the earlier New Jersey case. It also warned that it would dismiss an amended complaint if He continued claims that had already been brought or could have been brought there.

Amended Complaint

He filed an amended complaint within about a week. The court found that it was substantively identical to the prior complaint, apart from a few confusing allegations added to claims the court had already found barred and additional claims concerning alleged conduct on April 20, 2023. The court concluded that the amended complaint did not address the defects identified in the April 21 order and did not comply with the court’s instructions to discontinue nonviable claims.

Ruling

The court held that dismissal with prejudice was appropriate because He had been told about the defects in the original complaint and had been given an opportunity to correct them, but failed to do so. Judge Katherine Polk Failla therefore DISMISSED WITH PREJUDICE He’s amended complaint. The Clerk of Court was directed to terminate all pending motions, adjourn all remaining dates, and close the case.