Jackson v. Mallott et al

Filing 14

ORDER TO SHOW CAUSE why the complaint should not be dismissed for lack of subject matter jurisdiction; Plaintiff shall, within thirty (30) days of this order, file an amended complaint which remedies the deficiencies, signed by Judge Robert S. Lasnik. (SWT) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICHAEL E. JACKSON,

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Plaintiff,
v.

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CASE NO. C17-1521RSL

ORDER TO SHOW CAUSE
ORVILLE B. MALLOTT, et al.,
Defendants.

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On October 6, 2017, plaintiff filed an application to proceed in forma pauperis

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and a proposed complaint. Dkt. # 1. Plaintiff alleges that an unidentified member of the

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Washington State Patrol negligently allowed defendant Orville B. Mallott to drive an

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unsafe vehicle on the roadways, causing injury to plaintiff. Plaintiff seeks an award of

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damages to compensate him for the injuries arising from defendants’ negligence.

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The Court, having reviewed the record as a whole under the standards articulated

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in 28 U.S.C. § 1915(e)(2) and having construed the allegations of the complaint liberally

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(see Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir. 2003)), finds that

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plaintiff’s complaint is deficient. Plaintiff states that the Court has jurisdiction over this

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matter because he is asserting a claim under 42 U.S.C. § 1983. Plaintiff has not,

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however, identified an underlying constitutional right that was violated: “and depending

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on the right, merely negligent conduct may not be enough to state a claim.” Daniels v.
ORDER TO SHOW CAUSE

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Williams, 474 U.S. 327, 330 (1986).
For the foregoing reasons, plaintiff is hereby ORDERED TO SHOW CAUSE

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why the complaint should not be dismissed for lack of subject matter jurisdiction and/or

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failure to allege facts that give rise to a plausible inference that relief is warranted.

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Plaintiff shall, within thirty (30) days of this order, file an amended complaint which

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remedies the deficiencies set forth above. If an acceptable amended complaint is not

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filed within the time proscribed, this action will be dismissed without prejudice.

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The Clerk of Court is directed to note this Order to Show Cause on the Court’s
calendar for Friday, December 29, 2017.

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Dated this 13th day of November, 2017.

A

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Robert S. Lasnik
United States District Judge

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ORDER TO SHOW CAUSE

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