Taylor v. Microsoft
Filing
16
ORDER granting Defendant's 11 Motion to Dismiss for Failure to State a Claim and denying as moot Plaintiff's 5 Motion for Audio Evidence and 6 Motion to Call Witness Against Microsoft. Within fourteen (14) days from the date of this Order, Plaintiff may file an amended complaint addressing the deficiencies. Signed by Judge Richard A. Jones. (TH) (cc: Plaintiff via USPS)
HONORABLE RICHARD A. JONES
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
CHRISTOPHER M. TAYLOR,
Plaintiff,
10
CASE NO. C18-0899 RAJ
11
v.
12
MICROSOFT,
ORDER
Defendant.
13
14
15
16
This matter comes before the Court on Defendant Microsoft’s Motion to Dismiss.
Dkt. # 11. Plaintiff Christopher M. Taylor did not file a response to Defendant’s Motion.
17
18
For the reasons set forth below, the Court GRANTS Defendant’s Motion to Dismiss.
19
I.
20
On June 15, 2018, Plaintiff filed this action against Defendant, alleging that he
21
BACKGROUND
was “stalked, harassed, verbally torture, tortured [cruel] and inhuman by [Defendant’s]
22
23
employees on and off Microsoft campus and at Microsoft “transinedcenters in MRSA
24
island” and inside Microsoft buildings. Dkt. # 1. Plaintiff then filed a Motion for Audio
25
Evidence (Dkt. # 5) and a Motion to Call Witness Against Microsoft (Dkt. # 6). On
26
September 21, 2018, Defendant filed this Motion to Dismiss Plaintiff’s Complaint
27
28
ORDER – 1
1
pursuant to Federal Rules of Civil Procedure 8, 12(b)(5), and 12(b)(6). Dkt. # 11.
2
Plaintiff did not file a response to Defendant’s Motion, instead filing an 18 page
3
document that the Court has construed as an Amended Complaint. Dkt. # 14. Plaintiff
4
did not otherwise respond to Defendant’s Motion.
5
6
II.
DISCUSSION
7
Federal Rule of Civil Procedure 8(a) states that “[a] pleading which sets forth a
8
claim for relief ... shall contain ... a short and plain statement of the claim showing that
9
the pleader is entitled to relief.” Fed. R. Civ. P. 8. To comply with Rule 8, Plaintiff must
10
11
plead a short and plain statement of the elements of their claims, identifying the
12
transaction or occurrence giving rise to the claim and the elements of the prima facie
13
case. Id. Accordingly, Plaintiff must set forth “who is being sued, for what relief, and on
14
what theory, with enough detail to guide discovery.” McHenry v. Renne, 84 F.3d 1172,
15
16
1179-80 (9th Cir. 1996). Fed. R. Civ. P. 12(b)(6) permits a court to dismiss a complaint
17
for failure to state a claim. A court “need not accept as true conclusory allegations that
18
are contradicted by documents referred to in the complaint.” Manzarek v. St. Paul Fire &
19
Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). The plaintiff must point to factual
20
21
22
23
24
allegations that “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 568 (2007).
Plaintiff alleges that he travelled to Microsoft’s campus in December of 2013 to
show Bill Gates, Microsoft’s founder, a software program he had created. Dkt. # 8 at 1.
25
26
At that time, Plaintiff believed he was under investigation and that he was under audio
27
and video surveillance 24 hours a day. Id. Plaintiff also alleges that Defendant had an
28
ORDER – 2
1
investment scheme involving government agencies to “set-up law enforcement” that
2
involved Plaintiff’s software program, a money pool for a “murder for hire,” and a one
3
million dollar life insurance policy. Plaintiff also claims that Defendant was aided by
4
prison staff. Id. Plaintiff requests 60 million dollars in damages for loss of a retail store,
5
6
loss of a witness in a drug case, pain and suffering, medical bills, loss of his child, and
7
attempted murder. Id. at 2. Plaintiff’s Amended Complaint makes many of the same
8
allegations, and repeatedly states that he was “tortured in the public” over Defendant’s
9
racketeering activity, that he was verbally tortured, and that Defendant “wagered a
10
11
12
13
14
murder pool” through Defendant’s trademark and logo. Dkt. # 14.
Plaintiff’s Complaint is both confusing and repetitive. It does not identify any
legal theories or state any claims for relief. None of Plaintiff’s allegations form a
cognizable claim under state or federal law and do not appear to have any logical
15
16
connection. The Complaint does not provide enough information to allow Defendant to
17
determine the substance of Plaintiff’s claims, provide direction for discovery, or inform
18
Defendant what transaction or occurrence gave rise to Plaintiff’s claims. Even taking all
19
allegations in the light most favorable to Plaintiff, the Court concludes that Plaintiff’s
20
21
Complaint is frivolous and fails to state a claim showing that he is entitled to relief.
22
//
23
//
24
25
26
27
28
ORDER – 3
III.
1
For the reasons stated above, the Court GRANTS Defendant’s Motion to Dismiss.
2
3
4
CONCLUSION
Dkt. # 11. Plaintiff’s Motion for Audio Evidence (Dkt. # 5) and Motion to Call Witness
Against Microsoft (Dkt. # 6) are DENIED as moot. Within fourteen (14) days from
5
6
the date of this Order, Plaintiff may file an amended complaint addressing the
7
deficiencies addressed above. If Plaintiff does not file an amended complaint within that
8
timeframe, or if Plaintiff files an amended complaint that does not state a cognizable
9
claim for relief or is otherwise untenable under § 1915(e), the Court will dismiss the
10
11
action.
12
13
DATED this 3rd day of December, 2018.
14
15
A
16
17
The Honorable Richard A. Jones
United States District Judge
18
19
20
21
22
23
24
25
26
27
28
ORDER – 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?