Taylor v. John Doe et al

Filing 31

ORDER DISMISSING CASE. File closed. Signed by Judge Salvador Mendoza, Jr. (SK, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Sep 19, 2017
UNITED STATES DISTRICT COURT SEAN F. M AVOY, CLERK
EASTERN DISTRICT OF WASHINGTON
C

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MARYLIN J. TAYLOR,

No. 2:17-CV-0235-SMJ

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Plaintiff,
ORDER DISMISSING
COMPLAINT

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v.
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BEVERLY BAKER, Tenant; CHERYL
L. GRAHAM, Landlord; ALL
UNKNOWN OWNERS, DIRECTORS,
SHAREHOLDERS and AGENTS;
TAHA HIJAZI, Maintenance Man;
EILEEN EPPS, Tenant; ENJOLI JOHN
DOE; WENDY CARTER, Tenant;
GLADY’S SMITH; DOREEN
TALBERTSON; PCMI GROUP;
STACY JOHN DOE; and MARK
HAWKINS,

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Defendants.
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Plaintiff Taylor filed her complaint in this case on June 26, 2017. ECF No. 2.

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Magistrate Judge Rodgers allowed Plaintiff to proceed in forma pauperis since she

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lacked sufficient funds to prosecute this case. ECF No. 6. However, Magistrate

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Judge Rodgers also notified Plaintiff that her Complaint would be reviewed for

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legal sufficiency. Id. Indeed, courts are obligated to dismiss cases proceeding in

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forma pauperis if and when they determine that such a case is frivolous or

ORDER DISMISSING
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malicious, fails to state a claim on which relief may be granted, or seeks monetary

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relief against a defendant who is immune from such relief. 28 U.S.C.

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§ 1915(e)(2)(B)(i)–(iii); see also Lavelle v. Lavelle, No. CV-07-039-RHW, 2007

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WL 4418170 at *1 (E.D. Wash. Dec. 14, 2007) (citing Lopez v. Smith, 203 F.3d

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1122, 1126–27 n. 7 (9th Cir. 2000)).

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Plaintiff filed an amended complaint on August 3, 2017. ECF No. 8. Plaintiff

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alleges that the defendants, who include her apartment complex, other tenants,

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managers and employees, have harassed, slandered, and threatened her. ECF No. 8

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at 4–6. She alleges that in one incident another tenant told her to sit somewhere else

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at a community potluck, slandered her character and religion, and attempted to hit

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her. ECF No. 8 at 4. She alleges that her landlord failed to address her complaints

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and does not like her. ECF No. 8 at 4–5. She also accuses many of the defendants

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of “breach-of-the-peace” and conspiring with the landlord to illegally evict her.

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ECF No. 8 at 6. Although Plaintiff does not state the legal basis for these claims in

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her amended complaint, in her initial complaint she alleged that some of these

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actions violated the Civil Rights Act. ECF No. 2 at 5.

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Plaintiff’s complaint fails to state a claim and is legally frivolous. Under

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Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a “short and plain

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statement of the claim showing that the pleader is entitled to relief.” To meet this

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standard a complaint must allege “enough facts to state a claim to relief that is

ORDER DISMISSING
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plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A

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claim frivolous when it lacks an arguable basis either in law or in fact. Neitzke v.

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Williams, 490 U.S. 319, 325 (1989). Plaintiff here fails to state a plausible, or even

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arguable, legal or factual basis for a claim under the Civil Rights Act. Accordingly,

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Plaintiff’s complaint is dismissed.

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Accordingly, IT IS HEREBY ORDERED:

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1.

PREJUDICE.

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Plaintiff Marylin J. Taylor’s claims are DISMISSED WITHOUT

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Plaintiff’s First Request for FCR 45 Subpoenas, ECF No. 9, Request

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for Rule 45 Subpoena, ECF No. 10, Ex Parte Motion for Appointment

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of Pro Bono Counsel, ECF No. 14, Motion to Request Polograph [sic],

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ECF No. 18, Motion to Request Order for Estoppel, ECF No. 23,

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Motion to Allow Plaintiff to Stay in Her Apartment, ECF No. 25,

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Motion for Sanctions, ECF No. 29, and Motion for Order for All

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Accounts to be Seized, ECF NO. 30, are DENIED AS MOOT.

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3.

All hearings and other deadlines are STRICKEN.

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4.

The Clerk’s Office is directed to CLOSE this file.

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ORDER DISMISSING
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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to pro se plaintiff.
DATED this 19th day of September 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DISMISSING
CASE- 4