Smith v. Microsoft Corporation
ORDER dismissing case without leave to amend Smith's amended complaint by Judge Richard A Jones. (RS) cc plaintiff
HONORABLE RICHARD A. JONES
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
Case No. C16-1771-RAJ
This matter comes before the Court sua sponte. For the reasons that follow, the
Court DISMISSES pro se Plaintiff Charmane Smith’s complaint without leave to
On November 14, 2016, Smith filed this action alleging “serious security flaws” in
computer software designed by Defendant Microsoft Corporation. Dkt. # 5. In doing so,
Smith filed an application to proceed in forma pauperis. Dkt. # 1. Judge Theiler granted
Smith’s application, but recommended that the Court review Smith’s action under 28
U.S.C. § 1915(e)(2)(B).
On November 21, 2016, the Court dismissed Smith’s complaint. The Court did so
pursuant to 28 U.S.C. § 1915(e)(2)(B), which requires the Court to dismiss the complaint
of an in forma pauperis plaintiff if that complaint fails to state a claim. In dismissing
Smith’s complaint, the Court granted leave to amend. Smith has since filed an amended
complaint. Dkt. # 10.
The Court’s authority to grant in forma pauperis status derives from 28 U.S.C.
ORDER – 1
§ 1915. The Court is required to dismiss an in forma pauperis plaintiff’s case if the Court
determines that “the action . . . (i) is frivolous or malicious; (ii) fails to state a claim on
which relief may be granted; or (iii) seeks monetary relief against a defendant who is
immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). A complaint is frivolous if it
lacks a basis in law or fact. Andrews v. King, 398 F.3d 1113, 1121 (9th Cir. 2005). A
complaint fails to state a claim if it does not “state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568 (2007).
In Smith’s amended complaint, Smith alleges unsafe design defects in Microsoft’s
products that occurred as a result of “criminal exploitation of security flaws in Microsoft
Operating System Products by Black Hat Hackers.” Dkt. # 10 at 2. Among other things,
these design defects have allegedly enabled criminals to disable vehicles, buildings,
telephones, ambulances, and police departments and to remotely set fires and explosions.
Id. at 3. Smith requests damages between $96 million and $3.2 billion. Id. at 9. These
allegations lack any conceivable basis in fact and fail to state a plausible claim.
Accordingly, Smith’s complaint is frivolous and fails to state a valid claim for relief.
For the foregoing reasons, the Court DISMISSES without leave to amend
Smith’s amended complaint. Dkt. # 10.
DATED this 28th day of April, 2017.
The Honorable Richard A. Jones
United States District Judge
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