State of Washington et al v. Cain

Filing 13

ORDER ADOPTING IN PART AND REJECTING IN PART AMENDED REPORT AND RECOMMENDATION for 8 Report and Recommendations, 9 Report and Recommendations, 7 Motion for Miscellaneous Relief filed by Christopher Allen Cain. Case Management Deadline set for 12/29/2016. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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CHRISTOPHER ALLEN CAIN,
NO: 2:16-CV-211-RMP

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Plaintiff,
ORDER ADOPTING IN PART AND
REJECTING IN PART AMENDED
REPORT AND RECOMMENDATION

v.
STATE OF WASHINGTON, et al.,
Defendants.

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Magistrate Judge John T. Rodgers filed an Amended Report and

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Recommendation, ECF No. 9, recommending that this case be closed due to

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Plaintiff’s failure to comply with the Court’s Order Denying Renewed Application

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to Proceed In Forma Pauperis, ECF No. 6.

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On June 27, 2016, the Court ordered Plaintiff to either pay a filing fee or

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submit a proper application to proceed in forma pauperis within thirty days of the

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Order, and Plaintiff was required to show cause as to why he should be allowed to

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represent an estate pro se. See generally Order Denying Renewed Application to

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Proceed in Forma Pauperis, ECF No. 6. In response, Plaintiff filed a twenty-two
ORDER ADOPTING IN PART AND REJECTING IN PART AMENDED
REPORT AND RECOMMENDATION ~ 1

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page document purporting to be an affidavit to remove a case from state court. See

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ECF No. 7. As Plaintiff did not comply with the Court’s Order by paying a filing

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fee or timely submitting proper documentation to proceed in forma pauperis,

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Magistrate Judge Rodgers recommended that Plaintiff’s case be dismissed. See

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Amended Report and Recommendation, ECF No. 9.

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Plaintiff was provided fourteen days to object to the Amended Report and

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Recommendation. See id. Within that time period, Plaintiff filed a document

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labeled “Equitable Bond Deposit” in which he objected “to the denial of the notice

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of removal,” but he does not articulate any specific legal objection to the Amended

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Report and Recommendation. See Equitable Bond Deposit, ECF No. 10.

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Therefore, the Court finds good cause to adopt the Amended Report and

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Recommendation, ECF No. 9, to the extent that it recommends denying Plaintiff’s

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application to proceed in forma pauperis.

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Following the expiration of the fourteen-day time period when Plaintiff

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could have objected to the Amended Report and Recommendation, Plaintiff

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submitted a letter, ECF No. 11, and a non-certified copy of a Prisoner Trust Fund

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Account Statement, ECF No. 12. These documents were filed after the expiration

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of the thirty-day period as ordered by the Court on June 27, 2016. However, due to

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Plaintiff’s status as a pro se litigant, the Court will allow him another opportunity

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to renew his application to proceed in forma pauperis. If he wishes to do so,

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Plaintiff must comply with the requirements of 28 U.S.C. § 1915 and must submit
ORDER ADOPTING IN PART AND REJECTING IN PART AMENDED
REPORT AND RECOMMENDATION ~ 2

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a certified copy of his trust fund account to support a new application to proceed in

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forma pauperis as well as all other necessary papers to commence a legal action in

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federal court.

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Federal courts have limited subject matter jurisdiction. If Plaintiff is

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attempting to remove a civil case from state court, he must clearly identify what

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case he is removing and what legal basis he has for bringing the case in federal

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court. Plaintiff must identify the state case that he seeks to remove, must file in

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federal court all of the documents from that state court matter, and must provide a

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basis for this Court’s jurisdiction. See generally 28 U.S.C. § 1446. If Plaintiff is

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attempting to remove his criminal charges from state court to federal court, he

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would have to establish how the federal court has jurisdiction to hear his case.

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Accordingly, IT IS HEREBY ORDERED:

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1. The Amended Report and Recommendation, ECF No. 9, is ADOPTED

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IN PART AND REJECTED IN PART. Plaintiff may file an amended

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application to proceed in forma pauperis with supporting documentation and an

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amended notice of removal with supporting documentation within thirty (30) days

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of this Order.

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2. The initial Report and Recommendation, ECF No. 8, is ADOPTED IN
PART AND REJECTED IN PART, consistent with this Order.
3. Plaintiff’s Affidavit to Remove 16-1-013237 From State Court, ECF No.
7, is DENIED with leave to renew.
ORDER ADOPTING IN PART AND REJECTING IN PART AMENDED
REPORT AND RECOMMENDATION ~ 3

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The District Court Clerk is directed to enter this Order, to set a 30 day case
management deadline, and to provide copies to counsel and pro se Plaintiff.
DATED this 29th day of November 2016.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER ADOPTING IN PART AND REJECTING IN PART AMENDED
REPORT AND RECOMMENDATION ~ 4