Thein v. Oak Harbor Police Department

Filing 10

ORDER OF DISMISSAL. The Court hereby ORDERS this case is DISMISSED without prejudice. All pending motions are STRICKEN as moot, and the Clerk shall close this case. Signed by Judge Ricardo S. Martinez. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICHAEL THEIN
Plaintiffs,

Case No. 2:23-cv-01832-RSM
ORDER OF DISMISSAL

v.
OAK HARBOR POLICE DEPARTMENT 

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Defendants.

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Pro se Plaintiff Michael Thein filed this case against Oak Harbor Police Department on

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November 30, 2023. Dkt. #4. Mr. Thein was ordered to amend his complaint within thirty days

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on December 18, 2023, which he filed on December 29, 2023. Dkts. #6, #8. Mr. Thein was

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ordered to show cause on January 3, 2024, with instructions to file no later than thirty days from
the date of the Order, by February 2, 2024, or this case would be dismissed. Dkt. #9. Mr. Thein
did not file a response by February 2, 2024.

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Mr. Thein alleges the following causes of action against the Oak Harbor Police

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Department under several citations, including § 1983, the Fourth Amendment, the Civil Rights

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Act of 1964, Washington Administrative Code, and “Act of 1986 ECPA.” Id. at 1, 5. He lists

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several locations, such as “Zoo NW . . . by Ave trl . . . 9 Oak Harbor, WA . . . Skagit Valley

ORDER OF DISMISSAL - 1

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Hospital Mount Vernon WA . . . [and] Swinomish Casino Lodge[,]” but notes the events giving

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rise to this claim occurred in Oak Harbor, Washington. Id. at 6. He names several people,

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including “Dad” and “Mom,” as being in car accidents, and he claims emotional and physical

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injuries concerning numerous people. Id. at 7. Mr. Thein further claims “immaterial” and

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“irreparable” damages, as well as actual, economic, and breach of contract damages. Id. at 7.
He vaguely sates that these events occurred between “March 2007 – Present[.]” Id. at 6.

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

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

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such relief. See 28 U.S.C. § 1915(e)(2)(B).
As the Court’s previous Order explained, Mr. Thein’s Amended Complaint failed to state

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a claim upon which relief could be granted due to insufficient detail and deficiencies requiring

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dismissal. Dkt. #9; see 28 U.S.C. § 1915(e)(2)(B). Mr. Thein was ordered to file a short

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statement telling the Court why this case should not be dismissed as frivolous by February 2,

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2024, or this case would be dismissed. Mr. Thein did not file a response to the Court’s Order to

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Show Cause.
Accordingly, the Court hereby ORDERS this case is DISMISSED without prejudice. All
pending motions are STRICKEN as moot, and the Clerk shall close this case.
DATED this 5th day of February, 2024.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL - 2