Jenkins v. International Longshore and Warehouse Union et al

Filing 6

ORDER TO SHOW CAUSE; Show Cause Response due by 6/30/2011, by Judge Robert S. Lasnik. (TF) cc: R Jenkins

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RONNIE L. JENKINS,

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Plaintiff,
Case No. C11-0779RSL
v.
ORDER TO SHOW CAUSE

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INTERNATIONAL LONGSHORE &
WAREHOUSE UNION, et al.,

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Defendants.

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This matter comes before the Court sua sponte. Plaintiff Ronnie Jenkins, who is

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proceeding pro se and in forma pauperis, has filed a complaint against the International

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Longshore & Warehouse Union, its local chapter, Pacific Maritime Association (“PMA”), and

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the Equal Employment Opportunity Commission (“EEOC”). In his complaint, plaintiff asserts a

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claim under 42 U.S.C. § 1981 alleging that the union defendants and PMA, his employer,

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violated his civil rights by discriminating against him based on his race.

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With the exception of naming the EEOC as a defendant, plaintiff’s complaint essentially

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duplicates the allegations he made in three other suits filed in this district. In the most recent

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suit, Jenkins v. Pacific Coast Longshore Clerks, Case No. C10-91RAJ, the Honorable Richard

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A. Jones, United States District Judge granted defendants’ motion for summary judgment,

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finding that plaintiff’s Section 1981 claim was barred by the doctrine of res judicata. (Dkt. #28,

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ORDER TO SHOW CAUSE- 1

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June 30, 2010). Plaintiff did not appeal that ruling, but instead filed this lawsuit nearly a year

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later. Just as Judge Jones previously found, plaintiff’s Section 1981 claim in this “new” lawsuit

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is barred by the doctrine of res judicata and should be dismissed.

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Although plaintiff has sued a new party in this lawsuit, the EEOC, he has not asserted any

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claim against that defendant. Rather, it appears that he is awaiting “answers” from that agency.

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Complaint at p. 4. Because plaintiff has not asserted any claims against the EEOC, this lawsuit

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should also be dismissed against that defendant.

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Accordingly, plaintiff is ordered to SHOW CAUSE, by June 30, 2011, why his complaint

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should not be dismissed for the reasons set forth in this order. If he fails to do so, the Court will

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dismiss this case. The Clerk of the Court is directed to place this order to show cause on the

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Court’s calendar for July 1, 2011.

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DATED this 27th day of May, 2011.

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A
Robert S. Lasnik

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United States District Judge

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ORDER TO SHOW CAUSE- 2