Parenteau, Jr v. Cooper
Filing
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ORDER TO SHOW CAUSE by Hon. Brian A Tsuchida. Show Cause Response due by 9/29/2017. (cc: plaintiff) (ST)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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RICHARD L. PARENTEAU, JR.,
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Plaintiff,
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ORDER TO SHOW CAUSE
v.
JAMES COOPER,
Defendant.
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CASE NO. C17-1318 JLR-BAT
Richard Parenteau, proceeding pro se and in forma pauperis, filed a proposed civil rights
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complaint under 42 U.S.C. § 1983. Dkt. 1. The complaint alleges Detective James Cooper
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“illegally seized” Mr. Parenteau in his residence on July 19, 2014. Id. The Court declines to
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serve the complaint because it is untimely and fails to state a viable claim for relief under 42
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U.S.C. § 1983. However, because Mr. Parenteau proceeds pro se, the Court grants him leave to
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explain why the complaint should not be dismissed.
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DISCUSSION
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Actions brought under 42 U.S.C. § 1983 require a plaintiff to show that (1) a state actor
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(2) violated his constitutional rights. Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir.
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1986). However, the facts alleged in Mr. Parenteau’s complaint fail to state a viable claim for
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relief under § 1983.
ORDER TO SHOW CAUSE - 1
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First, Mr. Parenteau’s claim is barred by the statute of limitations. Any claims arising for
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an alleged false arrest are subject to a three year statute of limitations. Joshua v. Newell, 871
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F.2d 884, 886 (9th Cir.1989) (citing RCW 4.16.080(2)). Under federal law, a claim accrues
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“when the plaintiff knows or has reason to know of the injury which is the basis of the action.”
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Two Rivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999). Here, Mr. Parenteau alleges that the
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incident occurred on July 19, 2014, which is more than three years ago from the date of his
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complaint, August 26, 2017. Mr. Parenteau clearly knew about the alleged illegal seizure at the
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time it occurred because it involved his own person. Mr. Parenteau is accordingly ordered to
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show cause why the complaint should not be dismissed because it is untimely and barred by the
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statute of limitations.
Second, the Court direct Mr. Parenteau to show why his claims are not barred by Heck v.
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Humphrey, 512 U.S. 477, 486-87 (1994). When a state prisoner brings a § 1983 action for
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damages, the Court must consider whether a judgment in favor of the plaintiff would necessarily
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imply the invalidity of his conviction, sentence, or confinement. Id. at 487-90. “[I]f it would, the
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complaint must be dismissed,” unless the plaintiff can demonstrate that the conviction or
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confinement has already been invalidated, expunged, or otherwise impugned. Id. at 487; see also
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Butterfield v. Bail, 120 F.3d 1023, 1024 (9th Cir.1997). Here Mr. Parenteau was apparently
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arrested by Detective Cooper and placed in the King County Jail where he remains detained. The
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fact that he remains in custody indicates that he has not successfully challenged the criminal
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matter that brought him to the jail, and that his claims are therefore barred under Heck.
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Because the complaint appears to be barred by the statute of limitations, and also appears
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to be barred by Heck v. Humphry, the Court declines to serve the complaint. The Court further
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directs Mr. Parenteau to, no later than September 29, 2017, explain why his complaint should
ORDER TO SHOW CAUSE - 2
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not be dismissed. The Court will recommend the case be dismissed if no explanation is
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submitted, or if the explanation fails to adequately address the defects contained in the
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complaint.
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The Clerk is directed to provide a copy of this order to Mr. Parenteau, and the Honorable
James L. Robart.
DATED this 1st day of September, 2017.
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A
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BRIAN A. TSUCHIDA
United States Magistrate Judge
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ORDER TO SHOW CAUSE - 3
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