McKoby v. Post et al

Filing 5

ORDER TO SHOW CAUSE. Plaintiff shall file a Response to this Order to Show Cause containing the detail above no later than twenty-one (21) days from the date of this Order, signed by Judge Ricardo S Martinez. (SWT) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WILLIAM MCKOBY,

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Plaintiff,

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Case No. C17-1517RSM
ORDER TO SHOW CAUSE

v.
GLEN POST – CENTURYLINK, et al.,

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Defendants.

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Pro se Plaintiff William McKoby has been granted leave to proceed in forma pauperis

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in this matter. Dkt. #3. The Complaint was posted on the docket on October 17, 2017. Dkt.

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#4. Summonses have not yet been issued.

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Mr. McKoby brings this action against Defendants Glen Post and the internet service
provider CenturyLink. Dkt. #4 at 1. The Complaint indicates that Mr. McKoby’s “dear friend”

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and “co-plaintiff” Ms. Whitney McCoy has been “criminally/fraudulently abused” by

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Defendants via “acts of Criminal Conspiracies.” Id. However, Ms. McCoy has not signed the

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Complaint or otherwise appeared as a plaintiff in this matter, and is allegedly dead. See id. at 2.
It appears from the Complaint that Mr. McKoby intends to represent Ms. McCoy’s estate.

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According to the Complaint, Ms. McCoy stated to Mr. McKoby that she requested help

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from CenturyLink with “internet modem services,” and “how to set up and use the modem and

ORDER TO SHOW CAUSE - 1

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internet,” did not receive adequate customer service, and became “[p]hysically & emotionally

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& mentally destroyed.” Id. at 2. CenturyLink “continually extorted money from [her] bank…

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over $5000… for over two years for internet service [she] never used.” Id.

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alleges that Defendants have “moral blame culpable of Homicide against Ms. Whitney

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The Complaint

McCoy.” Id.
Mr. McKoby also pleads that Defendants have violated him “emotionally/financially/

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mentally through extortion,” citing as examples that “CENTURYLINK et. al 2X sent the

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modem to the incorrect address,” and that CenturyLink added an erroneous $77 charge,

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removed it, and added an erroneous $20 charge. Id. at 4–5. Mr. McKoby has apparently sued
Defendants in state court on these facts. Id. at 5. According to the Complaint, which cites the

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docket, CenturyLink’s motion to dismiss was granted, Mr. McKoby’s motion for

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reconsideration was denied, and he appealed to the state Court of Appeals.

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Defendants’ allegedly improper behavior in that state court action make up a portion of this

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Id. at 8.

Complaint, and Plaintiff accuses Defendants’ counsel of violating several criminal laws. Id. at

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5–9.

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Although Mr. McKoby includes block quotes from multiple federal and state statutes,

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he does not list out separate causes of action or connect the above facts coherently to the cited

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statutes allegedly violated.

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He has included a clear, separate section labeled “Plaintiffs

Demand.” Id. at 10. Mr. McKoby seeks a “WRIT FOR PREPARATION OF DISCOVER.”
Id. He also seeks $1,050,000.00, or, in the alternative, “full phone service, and internet as has
been, at $22.83 per month in total for life – FIRM.” Id.

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ORDER TO SHOW CAUSE - 2

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The Court will dismiss a Complaint at any time if the action fails to state a claim, raises

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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).

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The Complaint does not support its claims with specific facts presented in a clear and
understandable manner. Mr. McKoby’s allegations are extremely difficult to follow with
unconnected facts and vague accusations of crime. It is unclear from the Complaint how Mr.

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McKoby can legally represent Ms. McCoy’s estate, or how Defendants can be charged by

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Plaintiff with violations of criminal law. Most importantly, it is unclear to the Court how the

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facts as presented in this case—poor customer service, erroneous charges on an internet bill—
could constitute extortion or fraud. The Court notes Plaintiff has not met the heightened

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pleading standard for fraud under Federal Rule of Civil Procedure 9(b). Even if Mr. McKoby

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could plead extortion or fraud, the Court would lack subject matter jurisdiction unless the facts

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supported the application of a federal statute. Finally, because an underlying action has already

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been litigated by these parties on the merits in state court, this case could easily be dismissed

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under the doctrine of res judicata. Any allegations of improper behavior by Defendants’
counsel in the underlying action are properly brought before that state court judge.

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Considering all of the above, Plaintiff’s Complaint fails to state a claim and appears

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frivolous and malicious. Plaintiff’s Complaint suffers from deficiencies that, if not adequately

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explained in response to this Order, will require dismissal. See 28 U.S.C. § 1915(e)(2)(B).
In Response to this Order, Plaintiff must write a short and plain statement telling the

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Court (1) the separate causes of action upon which his claims are based, (2) how Defendants

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violated each of those laws causing harm to Plaintiff, (3) why this Court has jurisdiction over

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these claims, (4) why these claims are not duplicative of the underlying state court action, and

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ORDER TO SHOW CAUSE - 3

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(5) why this case should not be dismissed as frivolous. This Response may not exceed six

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double-spaced (6) pages. Plaintiff is not permitted to file additional pages as attachments.

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The Court will take no further action in this case until Plaintiff has submitted this Response.

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Accordingly, the Court hereby finds and ORDERS that Plaintiff shall file a Response to
this Order to Show Cause containing the detail above no later than twenty-one (21) days
from the date of this Order. Failure to file this Response will result in dismissal of this case.

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The Clerk shall send a copy of this Order to Plaintiff at PO BOX 16056, SEATTLE, WA

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98116-0056.

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DATED this 18 day of October, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER TO SHOW CAUSE - 4