Fischer v. Always Hope Taylor Housing et al

Filing 2

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; plaintiff has 21 days from the date of this order to pay the filing fee or file an amended complaint or this matter will be dismissed; signed by Judge Ronald B. Leighton.(DN) Modified on 4/28/2015 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAY FRANK FISCHER,

CASE NO. C15-5212 RBL

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Plaintiff,

ORDER DENYING IFP

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v.
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ALWAYS HOPE TAYLOR HOUSING,
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Defendant.
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THIS MATTER is before the Court on Plaintiff Jay Frank Fisher’s proposed amended

15 complaint [Dkt. #4] and application to proceed in forma pauperis [Dkt. #6] The case is one of
16 five1 proposed complaints Fisher has filed this month. In this case, Fisher seeks to sue Always
17 Hope Taylor Housing and its property manager, Sharon York, for removing her from her room
18 (apparently based on a protection order issued in Pierce County Superior Court, see Cause No.
19 15 cv 5156RBL). She claims that she paid her rent and that she was only given 10-15 minutes to
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The cases are: Fisher v. Pierce County Superior Court, Cause No. 15 cv 5156RBL;
23 Fisher v. Always Hope Taylor Housing, Cause No. 15 cv 5212RBL; Fisher v. American Laser,
Cause No. 15 cv 5213RBL; Fisher v. The Salvation Army, Cause No. 15 cv 5220RBL; and
24 Fisher v Tacoma Police, Cause No. 15 cv 5221RBL.

ORDER DENYING IFP - 1

1 vacate. Fisher suggests that the eviction was a violation of the Fair Housing Act, but she has not
2 identified what portion of that act was violated.
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A district court may permit indigent litigants to proceed in forma pauperis upon

4 completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The court has broad
5 discretion in resolving the application, but “the privilege of proceeding in forma pauperis in civil
6 actions for damages should be sparingly granted.” Weller v. Dickson, 314 F.2d 598, 600 (9th
7 Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should “deny leave to proceed
8 in forma pauperis at the outset if it appears from the face of the proposed complaint that the
9 action is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369
10 (9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis
11 complaint is frivolous if “it ha[s] no arguable substance in law or fact.” Id. (citing Rizzo v.
12 Dawson, 778 F.2d 527, 529 (9th Cir. 1985); Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir.
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A pro se Plaintiff’s complaint is to be construed liberally, but like any other complaint it

15 must nevertheless contain factual assertions sufficient to support a facially plausible claim for
16 relief. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell
17 Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A
18 claim for relief is facially plausible when “the plaintiff pleads factual content that allows the
19 court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
20 Iqbal, 556 U.S. at 678.
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Plaintiff Fisher’s claim against the the defendants in this cases does not meet this

22 standard. The court may have jurisdiction over a Fair Housing Act claim, but Fisher has yet to
23 state a claim for a violation of that statute based on the eviction for failing to pay rent. She has
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ORDER DENYING IFP - 2

1 not identified what statute was violated in what way by the defendant, or how she was damaged
2 by the alleged violation.
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For these reasons, the Motion to proceed in forma pauperis is DENIED. Plaintiff shall

4 pay the filing fee or file an amended complaint addressing these deficiencies within 21 days of
5 this Order or the case will be dismissed without further notice.
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IT IS SO ORDERED.

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Dated this 28th day of April, 2015.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER DENYING IFP - 3