Lindsey v. Trump

Filing 4

MINUTE ORDER directing Plaintiff to file an amended complaint no later than twenty-one (21) days from the date of this order. Authorized by U.S. District Judge John C Coughenour. (SWT) (cc: Plaintiff via USPS)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MATTHEW JAMES LINDSEY,

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Plaintiff,

MINUTE ORDER

v.

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CASE NO. C17-1818-JCC

DONALD J. TRUMP,

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:
This matter comes before the Court sua sponte. On December 6, 2017, Magistrate Judge

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Brian Tsuchida granted Plaintiff’s motion to proceed in forma pauperis and recommended the

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complaint be reviewed under 28 U.S.C. § 1915(e)(2)(B) prior to the issuance of a summons.

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(Dkt. No. 2).

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Plaintiff lists the Defendant as Donald J. Trump, “Fmr. President of the United States.”

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(Dkt. No. 3 at 2.) Plaintiff alleges violations of the Nuclear Non-Proliferation Act of 1978, 22

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U.S.C. § 3201 and the Treaty on the Prohibition of Nuclear Weapons. (Id. at 3.) He seeks the

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following relief: “Arrest of Chain of Command, Impeachment, allow a Military Tribunal.” (Id.)

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Plaintiff includes no factual allegations in his complaint, but attached three documents—two

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articles from the website Wikipedia.org, and a Resolution from the United Nations Security
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Council adopted on November 21, 2017. (Dkt. Nos. 3-1, 3-2, 3-3.)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss an in forma pauperis

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complaint at any time if the action fails to state a claim, raises frivolous or malicious claims, or

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seeks monetary relief from a defendant who is immune from such relief. “[A] complaint must

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contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its

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face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S.

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544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that

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allows the court to draw the reasonable inference that the defendant is liable for the misconduct

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alleged.” Iqbal, 556 U.S. at 678.

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Plaintiff has neither presented a cognizable legal claim nor alleged facts that demonstrate

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his claim for relief is plausible. Plaintiff makes conclusory allegations that Defendant has

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violated a federal law and treaty, without providing any facts to support the claim. (Dkt. No. 3 at

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2.) The attachments to Plaintiff’s complaint do not help the Court to decipher his legal theory.

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Nor does Plaintiff state a cause of action that would allow him to bring his lawsuit. Plaintiff’s

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claim is also frivolous because it “lacks an arguable basis in fact or law.” Neitzke v. Williams,

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490 U.S. 319, 325 (1989).

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Even in applying the Ninth Circuit’s directive to construe pro se complaints liberally, the

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Court cannot find that Plaintiff has stated a claim upon which relief can be granted. See Hebbe v.

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Pliler, 627 F.3d 338, 342 (9th Cir. 2010). However, the Court will not dismiss a claim unless “it

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is absolutely clear that no amendment can cure the [complaint’s] defects.” Lucas v. Dep't of

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Corr., 66 F.3d 245, 248 (9th Cir. 1995) (citation omitted).

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Accordingly, the Court ORDERS that Plaintiff shall file an amended complaint no later

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than twenty-one (21) days from the date of this order. In his amended complaint, Plaintiff must

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include a short and plain statement demonstrating to the Court that there is a legal basis for his

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claims against Defendant. Plaintiff shall identify facts that demonstrate Defendant violated the

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law and how Plaintiff is entitled to relief as a result of the violation. Finally, Plaintiff must
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request forms of relief that the Court can actually grant.
The Clerk is DIRECTED to mail a copy of this order to Plaintiff at 1612 Bothell Everett
Hwy, Suite 354, Mill Creek, WA 98012.
DATED this 7th day of December 2017.

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William M. McCool
Clerk of Court

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s/Tomas Hernandez
Deputy Clerk

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MINUTE ORDER
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