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)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 MATTHEW JAMES LINDSEY, 10 Plaintiff, MINUTE ORDER v. 11 12 CASE NO. C17-1818-JCC DONALD J. TRUMP, 13 Defendant. 14 15 16 17 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 18 Brian Tsuchida granted Plaintiff’s motion to proceed in forma pauperis and recommended the 19 complaint be reviewed under 28 U.S.C. § 1915(e)(2)(B) prior to the issuance of a summons. 20 (Dkt. No. 2). 21 Plaintiff lists the Defendant as Donald J. Trump, “Fmr. President of the United States.” 22 (Dkt. No. 3 at 2.) Plaintiff alleges violations of the Nuclear Non-Proliferation Act of 1978, 22 23 U.S.C. § 3201 and the Treaty on the Prohibition of Nuclear Weapons. (Id. at 3.) He seeks the 24 following relief: “Arrest of Chain of Command, Impeachment, allow a Military Tribunal.” (Id.) 25 Plaintiff includes no factual allegations in his complaint, but attached three documents—two 26 articles from the website, and a Resolution from the United Nations Security MINUTE ORDER C17-1818-JCC PAGE - 1 1 2 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 3 complaint at any time if the action fails to state a claim, raises frivolous or malicious claims, or 4 seeks monetary relief from a defendant who is immune from such relief. “[A] complaint must 5 contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its 6 face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 7 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that 8 allows the court to draw the reasonable inference that the defendant is liable for the misconduct 9 alleged.” Iqbal, 556 U.S. at 678. 10 Plaintiff has neither presented a cognizable legal claim nor alleged facts that demonstrate 11 his claim for relief is plausible. Plaintiff makes conclusory allegations that Defendant has 12 violated a federal law and treaty, without providing any facts to support the claim. (Dkt. No. 3 at 13 2.) The attachments to Plaintiff’s complaint do not help the Court to decipher his legal theory. 14 Nor does Plaintiff state a cause of action that would allow him to bring his lawsuit. Plaintiff’s 15 claim is also frivolous because it “lacks an arguable basis in fact or law.” Neitzke v. Williams, 16 490 U.S. 319, 325 (1989). 17 Even in applying the Ninth Circuit’s directive to construe pro se complaints liberally, the 18 Court cannot find that Plaintiff has stated a claim upon which relief can be granted. See Hebbe v. 19 Pliler, 627 F.3d 338, 342 (9th Cir. 2010). However, the Court will not dismiss a claim unless “it 20 is absolutely clear that no amendment can cure the [complaint’s] defects.” Lucas v. Dep't of 21 Corr., 66 F.3d 245, 248 (9th Cir. 1995) (citation omitted). 22 Accordingly, the Court ORDERS that Plaintiff shall file an amended complaint no later 23 than twenty-one (21) days from the date of this order. In his amended complaint, Plaintiff must 24 include a short and plain statement demonstrating to the Court that there is a legal basis for his 25 claims against Defendant. Plaintiff shall identify facts that demonstrate Defendant violated the 26 law and how Plaintiff is entitled to relief as a result of the violation. Finally, Plaintiff must MINUTE ORDER C17-1818-JCC PAGE - 2 1 2 3 4 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. 5 William M. McCool Clerk of Court 6 s/Tomas Hernandez Deputy Clerk 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-1818-JCC PAGE - 3

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