Jama v. Chase Erin and Manager et al

Filing 7

ORDER TO SHOW CAUSE by Judge Robert S. Lasnik. Plaintiff shall, within twenty-eight (28) days of this order, file an amended complaint which remedies the deficiencies set forth in this Order. If an acceptable amended complaint is not filed within the time proscribed, this action will be dismissed without prejudice. The Clerk shall note the Order to Show Cause on the Court's calendar for 2/22/2017. (cc: Plaintiff via U.S. Mail) (KERR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MAHAMED A. JAMA,
Plaintiff,

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No. C16-1785RSL
v.
ERIN CHASE, et al.,
Defendants.
This matter comes before the Court sua sponte. Proceeding in forma pauperis, see Dkt.
## 1, 3, plaintiff has filed a complaint alleging that an apartment manager kicked him out of an
apartment because of his race and that the Seattle Housing Authority later discriminated against
him by denying him housing assistance because of the first eviction. The Court, having
reviewed the record as a whole under the standards articulated in 28 U.S.C. § 1915(e)(2)(B) and
having construed the allegations of the complaint liberally, see Bernhardt v. Los Angeles
County, 339 F.3d 920, 925 (9th Cir. 2003), finds that plaintiff’s complaint is deficient. Pursuant
to Fed. R. Civ. P. 8(a)(2), plaintiff must allege sufficient facts to raise a plausible inference that
he is entitled to relief. Although a complaint need not provide detailed factual allegations, it
must give rise to something more than mere speculation that plaintiff has a right to relief. Bell
Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).
Plaintiff’s complaint does not contain allegations sufficient to state plausible
constitutional claims under 42 U.S.C. § 1983. Plaintiff sues Erin Chase and an apartment

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ORDER TO SHOW CAUSE

ORDER TO SHOW CAUSE - 1

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manager for racial discrimination, but his factual allegations do not mention Ms. Chase or

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explain how the apartment manager discriminated against plaintiff. Moreover, the complaint

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does not allege that Ms. Chase or the apartment manager were acting under color of law, as is

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required for a claim under 42 U.S.C. § 1983. Plaintiff also sues the Seattle Housing Authority

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for denying him an apartment, but does not allege enough facts regarding this denial to give rise

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to a plausible claim for racial discrimination. Additionally, plaintiff’s complaint is not signed, in

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violation of Fed. R. Civ. P. 11(a).

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For the foregoing reasons, plaintiff is hereby ORDERED TO SHOW CAUSE why the

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complaint should not be dismissed for failure to allege facts that give rise to a plausible inference

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that relief is warranted. Plaintiff shall, within twenty-eight (28) days of this order, file an

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amended complaint which remedies the deficiencies set forth above. If an acceptable amended

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complaint is not filed within the time proscribed, this action will be dismissed without prejudice.

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The Clerk of Court is directed to note this Order to Show Cause on the Court’s calendar
for February 22, 2017.

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DATED this 25th day of January, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER TO SHOW CAUSE - 2