Joy v. Saint Clair

Filing 4

MINUTE ORDER. Plaintiff shall 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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JONATHAN JOY,

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Plaintiff,

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MINUTE ORDER

v.

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CASE NO. C18-0143-JCC

SAINT CLAIR,

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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:

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This matter comes before the Court sua sponte. On February 9, 2018, 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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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. Federal Rule of Civil

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Procedure 8 provides that in order to state a claim for relief, a pleading must contain “a short and

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plain statement of the grounds for the court's jurisdiction” and “a short and plain statement of the

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claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(1) & (2). At a minimum,
MINUTE ORDER
C18-0143-JCC
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a complaint must put a defendant on notice of the wrong he or she committed against the

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plaintiff. See McHenry v. Renne, 84 F.3d 1172, 1180 (9th Cir. 1996).

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In review of Plaintiff’s complaint, the Court does not find it contains a short and plain

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statement of the claim showing he is entitled to relief or that it places Defendant on notice of the

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claims against him. This is true even when the Court applies the Ninth Circuit’s directive to

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liberally construe pro se complaints. See Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010).

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Plaintiff names as defendant “Saint Clair,” a judge, and sues him in his official capacity. (Dkt.

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No. 3 at 1–3.) However, he does not explain how Defendant acted under color of state, local, or

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federal law. (Id. at 5–6.) Plaintiff alleges that his rights to “privacy, anonymity, judicial matters”

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were violated. (Id. at 5.) He states that “a fight happened in [grade] school” and he “lied to a

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federal agency.” He further indicates that the fight occurred when a classmate “made advances

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towards [him]” in a school restroom and he hit the classmate, resulting in future bullying. (Id.)

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Plaintiff does not allege how the named Defendant caused him to be harmed or how this

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occurrence gave rise to Plaintiff’s claim. Although the Court finds the complaint fails to state a

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claim upon which relief can be granted, it will not dismiss a claim unless “it is absolutely clear

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that no amendment can cure the [complaint’s] defects.” Lucas v. Dep't of Corr., 66 F.3d 245, 248

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(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 of how the named Defendant caused him harm, how the

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named Defendant acted under color of local, state, or federal law, where the harm occurred, and

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when the harm occurred.

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The Clerk is DIRECTED to mail a copy of this order to Plaintiff at 1805 S. 281st Place
#137, Federal Way, WA 98003.

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//

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//
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DATED this 9th day of January 2018.

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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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