Cagliostro v. Collins

Filing 4

ORDER directing Plaintiff file an Amended Complaint no later than twenty-one (21) days from the date of this Order. Signed by Judge Ricardo S Martinez. (PM) cc: plaintiff via first class mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RITA CAGLIOSTRO,

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Plaintiff,

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Case No. C18-425RSM
ORDER DIRECTING PLAINTIFF TO
AMEND COMPLAINT

v.
FORREST R. COLLINS,

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Defendant.

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Pro se Plaintiff Rita Cagliostro has been granted leave to proceed in forma pauperis in

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this matter. Dkt. #2. The Complaint was posted on the docket on March 27, 2018. Dkt. #3.

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Summons has not yet been issued.

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Ms. Cagliostro, a Washington State resident, brings this action against Forrest R.

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Collins, an attorney located in Oregon. Dkt #3 at 1–2. The Complaint appears to be lacking

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facts and causes of action. Under “Statement of Claim,” Ms. Cagliostro has written only “See

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Brief.”

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Id. at 4.

There is no additional briefing, attached or otherwise, on the docket.

Although Ms. Cagliostro claims damages in excess of $75,000, there are no facts to support
these damages.

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To establish subject matter jurisdiction on the basis of diversity, the plaintiff must show

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an amount in controversy in excess of $75,000. 28 U.S.C. § 1332. Federal Rule of Civil

ORDER DIRECTING PLAINTIFF TO AMEND COMPLAINT - 1

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Procedure 12(h)(3) provides that the Court must dismiss an action if it determines, at any time,

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that it lacks subject matter jurisdiction. This issue can be raised sua sponte. Furthermore, the

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Court will dismiss a Complaint at any time if the action fails to state a claim, raises frivolous or

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malicious claims, or seeks monetary relief from a defendant who is immune from such relief.

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See 28 U.S.C. § 1915(e)(2)(B).
As it currently stands, Ms. Cagliostro does not support her claims with sufficient facts

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to establish a claim, or reference any cause of action or legal basis for her suit.

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Cagliostro’s Complaint suffers from deficiencies that, if not corrected in an Amended

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Ms.

Complaint, require dismissal. See Fed. R. Civ. P. 12(h)(3); 28 U.S.C. § 1915(e)(2)(B).
Accordingly, the Court hereby ORDERS that Plaintiff shall file an Amended Complaint

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no later than twenty-one (21) days from the date of this Order. In the Amended Complaint,

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Plaintiff must include a short and plain statement demonstrating to the Court that there is a

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legal basis for her claims and subject matter jurisdiction for this Court. Failure to file this

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Amended Complaint will result in dismissal of this case. The Clerk shall send a copy of this

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Order to Plaintiff at 212 ALASKAN WAY S. #205 SEATTLE, WA 98104.
DATED this 27 day of March, 2018.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER DIRECTING PLAINTIFF TO AMEND COMPLAINT - 2