Beesla v. Port of Seattle Police

Filing 10

DISMISSAL ORDER. Because Plaintiff has failed to state a claim upon which reliefmay be granted, the Court ORDERS the amended complaint be DISMISSED without prejudice. Signed by Judge Marsha J. Pechman. (SB) (cc: Plaintiff via USPS)

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Case 2:21-cv-01155-MJP Document 10 Filed 11/15/21 Page 1 of 3 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 MANJINDER SINGH BEESLA, Plaintiff, 11 12 13 CASE NO. C21-1155 MJP DISMISSAL ORDER v. PORT OF SEATTLE POLICE, Defendant. 14 15 16 This matter is before the Court on Plaintiff’s proposed amended complaint. (Dkt. No. 8.) 17 The Court again declines to issue summons under 28 U.S.C. § 1915(e)(2)(B)(ii) and DISMISSES 18 the amended complaint without prejudice. 19 Plaintiff commenced this proceeding by motion to proceed in forma pauperis. (Dkt. No. 20 1.) The Court granted the motion, (Dkt. No. 4), but declined to issue summons and dismissed the 21 complaint because Plaintiff failed to state a cause of action, (Dkt. No. 7), which the Court is 22 required to do under 28 U.S.C. § 1915(e)(2)(B)(ii). The Court granted Plaintiff leave to file an 23 amended complaint within 30 days. Plaintiff timely filed a proposed amended complaint. 24 DISMISSAL ORDER - 1 Case 2:21-cv-01155-MJP Document 10 Filed 11/15/21 Page 2 of 3 1 To state a claim for relief, a complaint must contain a short and plain statement of the 2 grounds for the court’s jurisdiction, a short and plain statement of the claim showing that the 3 claimant is entitled to relief, and a demand for the relief sought. Fed. R. Civ. P. 8(a). The 4 factual allegations of a complaint must be “enough to raise a right to relief above the speculative 5 level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). In addition, the factual 6 allegations of a complaint must state a claim for relief that is plausible on its face. Ashcroft v. 7 Iqbal, 556 U.S. 662, 678 (2009). A claim is plausible on its face “when the plaintiff pleads 8 factual content that allows the court to draw the reasonable inference that the defendant is liable 9 for the misconduct alleged.” Id. 10 Unfortunately, the amended complaint must also be dismissed for failure to state a cause 11 of action. It is still not clear what wrong Plaintiff is alleging or what claims he may have. He is 12 attempting to sue the Port of Seattle Police but has not identified what they have done to harm 13 him or violate his rights. It may be that he has been denied public benefits, possibly because of a 14 2015 incident. (See Dkt. No. 8 ¶¶ 3–4.) However, he also mentions international travel from 15 Canada, so it is possible he has a concern relating to treatment by border officers, rather than 16 local law enforcement. In any case, it is difficult to discern any claim against the Port of Seattle 17 Police that could arise from the few facts he has alleged, so the Court is left to speculate as to 18 what cause of action, if any, Plaintiff may have. Plaintiff might consider seeking legal counsel 19 or advice from the King County Bar Association’s attorney referral line (206-267-7010) or the 20 Northwest Justice Project via https://nwjustice.org/get-legal-help or 21 www.washingtonlawhelp.org. Because Plaintiff has failed to state a claim upon which relief 22 may be granted, the Court ORDERS the amended complaint be DISMISSED without prejudice. 23 The clerk is ordered to provide copies of this order to all counsel or parties. 24 DISMISSAL ORDER - 2 Case 2:21-cv-01155-MJP Document 10 Filed 11/15/21 Page 3 of 3 1 Dated November 15, 2021. 2 A 3 Marsha J. Pechman United States Senior District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DISMISSAL ORDER - 3

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