Joy v. Saint Clair

Filing 5

ORDER Dismissing Plaintiff's complaint without prejudice and without further leave to amend signed by U.S. District Judge John C Coughenour. (TH) (cc: Plaintiff via first class mail)

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,

ORDER

v.

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CASE NO. C18-0143-JCC

SAINT CLAIR,

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Defendant.

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This matter comes before the Court sua sponte. On February 9, 2018, Plaintiff was

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granted leave to proceed in forma pauperis. (Dkt. No. 2.) On the same day, the Court reviewed

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Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and determined that it failed to state

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a claim upon which relief could be granted. (Dkt. No. 4.) The Court directed Plaintiff to file an

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amended complaint within 21 days of the date of its order. (Id.) Plaintiff failed to amend his

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complaint. The Court therefore DISMISSES the complaint without prejudice and without further

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leave to amend.

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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
ORDER
C18-0143-JCC
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claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(1) & (2). At a minimum,

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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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Plaintiff’s complaint fails to include a short and plain statement of his claim showing he

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is entitled to relief. This is true even construing this pro se complaint liberally. See Hebbe v.

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Pliler, 627 F.3d 338, 342 (9th Cir. 2010). Plaintiff brings suit against “Saint Clair,” a judge, in

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his official capacity. (Dkt. No. 3 at 1–3.) He does not explain how Defendant acted under color

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of state, local, or federal law, as required by such a suit. See 42 U.S.C. § 1983; (Dkt. No. 3 at 5–

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6.) Plaintiff alleges that his rights to “privacy, anonymity, [and] judicial matters” were violated.

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

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agency.” (Id.) Plaintiff 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 his claim.

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For the foregoing reasons, Plaintiff’s complaint is DISMISSED without prejudice and

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without further leave to amend. The Clerk is DIRECTED to close this case. The Clerk is further

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DIRECTED to mail a copy of this order to Plaintiff at the address listed on the docket.

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DATED this 14th day of March 2018.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C18-0143-JCC
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