Okolie v. Ameriprise Insurance Company et al

Filing 7

ORDER DISMISSING CASE WITH PREJUDICE. The Court has reviewed the complaint in this case and determined that it fails to state a claim for which relief can be granted. The Court DISMISSES Mr. Okolie's case with prejudice and without leave to amend. Signed by U.S. District Judge John C Coughenour. (TH) (cc: Plaintiff via U.S. Mail)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EDMUND OKOLIE,

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CASE NO. C17-1294-JCC
Plaintiff,

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ORDER DISMISSING CASE
WITH PREJUDICE

v.
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AMERIPRISE INSURANCE CO., et al.,

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Defendants.

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This matter comes before the Court on Plaintiff Edmund Okolie’s Complaint (Dkt. Nos. 1

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16 and 4). Mr. Okolie is proceeding pro se and in forma pauperis (“IFP”) (Dkt. No. 3). Under 28
17 U.S.C. § 1915(e), district courts have authority to review IFP complaints and must dismiss them
18 if “at any time” it is determined that a complaint is frivolous or fails to state a claim on which
19 relief may be granted. 28 U.S.C. § 1915(e)(2); see also id. § 1915A(b)(1); Lopez v. Smith, 203
20 F.3d 1122, 1127 (9th Cir. 2000) (clarifying that Section 1915(e) applies to all IFP proceedings,
21 not just those filed by prisoners). The Court has reviewed the complaint in this case and
22 determined that it fails to state a claim for which relief can be granted. Accordingly, the Court
23 DISMISSES Mr. Okolie’s complaint with prejudice.
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BACKGROUND

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Mr. Okolie sues defendants Ameriprise Insurance Co., IDS Property Casualty Insurance

26 Co., Loni Jean Hodrigo, and Mr. T. J. Doe, whom he describes as “fascist agents” for damages
ORDER DISMISSING CASE WITH PREJUDICE
C17-1294-JCC
PAGE - 1

1 resulting from defendants’ false allegations that Mr. Okolie was the responsible party in an
2 automobile accident with an Ameriprise insured. (Dkt. No. 4 at 4.) In his lengthy and difficult to
3 follow complaint, Mr. Okolie alleges that defendants engaged in a “scam” and “stalk[ed]” him in
4 pursuing legal actions against him, resulting in the loss of his commercial driver’s license and
5 resulting damages. (Id. at 1-2, 8.) He claims that these actions violated his rights to due process,
6 equal protection, and liberty. (Id. at 3.)
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DISCUSSION

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Mr. Okolie’s complaint does not contain a claim for which relief can be granted. He fails

9 to show how the defendants, as non-state actors, are subject to constitutional limitations.
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CONCLUSION

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For the foregoing reasons, the Court DISMISSES Mr. Okolie's case with prejudice and

12 without leave to amend. The Court DIRECTS the Clerk to close this case and to mail a copy of
13 this order to Mr. Okolie.
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DATED this 19th day of September 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER DISMISSING CASE WITH PREJUDICE
C17-1294-JCC
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