Cuebas v. Tellone

Background

Sandra Cuebas, representing herself, started the case by filing an unsigned and incomplete form requesting an order requiring the defendants to explain themselves and seeking a preliminary injunction and temporary restraining order. She also filed a completed request to proceed without prepaying filing fees. Her emergency-relief request identified Elyssa Tellone and Anthony Tellone in the caption but did not describe her claims, the relevant facts, or why an injunction was warranted.

Court’s analysis and directives

The court explained that Federal Rule of Civil Procedure 3 requires a civil action to be started by filing a complaint, not merely by filing a request for a preliminary injunction. The court therefore directed Sandra Cuebas to file a signed complaint within 30 days. The complaint must comply with Rule 3 and give a short and plain statement of facts that puts Elyssa Tellone and Anthony Tellone on notice of the claims against them.

The court denied Sandra Cuebas’s request for preliminary injunctive relief without prejudice. The order therefore allows her to file another request for an order to show cause later, supported by facts demonstrating that she is entitled to relief. The court did not decide the merits of any underlying claim because no claims had been adequately stated.

Ruling

Judge Laura Taylor Swain directed Sandra Cuebas to submit a compliant complaint within 30 days and denied her request for preliminary injunctive relief without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.