Sund v. Labor Ready Northwest et al
Filing
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ORDER directing plaintiff to file an amended complaint within 21 days by Judge Ricardo S Martinez. (RS) cc plaintiff
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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MATTHEW SUND,
Plaintiff,
Case No. C17-895 RSM
ORDER FOR AMENDED COMPLAINT
v.
LABOR READY NORTHWEST et al.,
Defendants.
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Pro Se Plaintiff, Matthew Sund, has been granted leave to proceed in forma pauperis in
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this matter. Dkt. #4. The Complaint was filed on June 12, 2017, listing as defendants Labor
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Ready Northwest and SanMar Corporation. Dkt. #5. Summonses have not yet been issued.
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Plaintiff’s Complaint contains almost no factual detail. There is form language stating a
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claim under Title VII of the Civil Rights Act, however, in response to “acts complained of in
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this suit” Plaintiff states only “[f]ailure to employ me,” and Plaintiff’s further detail alleges
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only “contract fraud” against Labor Ready Northwest without reference to the elements of a
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Title VII claim. Dkt. #5 at 2. Plaintiff does attach an EEOC “Charge of Discrimination” from
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Plaintiff against Labor Ready Northwest, however that information is not included in the
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Complaint. Dkt. #5-1. In any event, this attachment does not set forth specific details of the
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acts of Defendants forming the basis for Plaintiff’s claims. The Complaint requests the Court
ORDER FOR AMENDED COMPLAINT - 1
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direct the United States Marshal Service to seize the defendant’s property in the King County
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area” but seeks no other relief. Dkt. #5 at 3.
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The Court will dismiss a Complaint at any time if the action fails to state a claim, raises
frivolous or malicious claims, or seeks monetary relief from a defendant who is immune from
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such relief. See 28 U.S.C. § 1915(e)(2)(B). Plaintiff does not clearly identify what laws or
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statutes he believes are being violated by the two Defendants in this case, and he does not
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support his claims with specific facts. It is unclear from the Complaint how federal subject
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matter jurisdiction arises in this matter or why this Court has the authority to provide the type
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of remedy that Plaintiff now seeks.
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Accordingly, Plaintiff's Complaint suffers from deficiencies that, if not corrected in an
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Amended Complaint, require dismissal. In the Amended Complaint, Plaintiff must write a
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short and plain statement telling the Court: (1) the laws or statutes under which he brings each
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of his claims against each of the Defendants; (2) exactly what facts support each of the alleged
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violations of law; and (3) what specific injury Plaintiff suffered because of each alleged
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violation of law. Plaintiff’s Amended Complaint must contain the above information and may
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not rely on attachments.
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Therefore, the Court hereby finds and ORDERS that Plaintiff shall file an Amended
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Complaint containing the detail described above no later than twenty-one (21) days from the
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date of this Order. The Clerk shall send a copy of this Order to Plaintiff at 6337 S.
HIGHLAND DR. #213 SALT LAKE CITY, UT 84121.
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ORDER FOR AMENDED COMPLAINT - 2
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DATED this 16th day of June 2017.
A
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER FOR AMENDED COMPLAINT - 3
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