McKoby et al v. State of Washington et al

Filing 7

ORDER dismissing the 6 Complaint with prejudice and dismissing Plaintiff's 3 Motion to Appoint Counsel as moot. Signed by U.S. District Judge John C Coughenour. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 WILLIAM MCKOBY, 10 Plaintiff, CASE NO. C17-0456-JCC ORDER v. 11 12 STATE OF WASHINGTON, 13 Defendant. 14 15 This matter comes before the Court on Plaintiff William McKoby’s complaint (Dkt. Nos. 16 1-1 and 6). Mr. McKoby is proceeding pro se and in forma pauperis (“IFP”). (Dkt. No. 5.) Under 17 28 U.S.C. § 1915(e), district courts have authority to review IFP complaints and must dismiss 18 them if “at any time” it is determined that a complaint is frivolous or fails to state a claim on 19 which relief may be granted. 28 U.S.C. § 1915(e)(2); see also id. § 1915A(b)(1); Lopez v. Smith, 20 203 F.3d 1122, 1127 (9th Cir. 2000) (clarifying that Section 1915(e) applies to all IFP 21 proceedings, not just those filed by prisoners). 22 Mr. McKoby sues Defendants Jay Inslee, Robert Ferguson, and the State of Washington, 23 to name a few, for apparently rewriting the motor vehicle code using tricky wording, which 24 violates “State and Supreme Federal Law.” (Dkt. No. 6 at 2.) Mr. McKoby alleges that “the 25 evidence shows it was a Plot of Extortion, Malfeasance, Misfeasance, [and] Treason against the 26 People.” (Id. at 5.) The Court has determined that Mr. McKoby’s case is frivolous and fails to ORDER PAGE - 1 1 state a claim on which relief may be granted. Accordingly, the Court DISMISSES Mr. 2 McKoby’s complaint (Dkt. No. 6) with prejudice. Mr. McKoby’s motion for court-appointed 3 counsel (Dkt. No. 3) is DISMISSED AS MOOT. 4 5 DATED this 10th day of April 2017. 6 7 8 A 9 10 11 John C. Coughenour UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER PAGE - 2

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