Casterlow-Bey v. Tacoma News Tribune

Filing 2

ORDER denying 1 Motion for Leave to Proceed in forma pauperis signed by Judge Benjamin H. Settle.(TG; cc mailed to plaintiff)

1
2
3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

4
5

GARY CASTERLOW-BEY,
6
7
8

Plaintiff,
v.
TACOMA NEWS TRIBUNE,

CASE NO. C17-5560 BHS
ORDER DENYING PLAINTIFF’S
MOTION TO PROCEED IN
FORMA PAUPERIS AND
DISMISSING COMPLAINT

Defendant.

9
10
11
12
13

This matter comes before the Court on Plaintiff Gary Casterlow-Bey’s motion to
proceed in forma pauperis and proposed complaint. Dkts. 1, 1-1.
On July 20, 2017, Casterlow-Bey filed the instant motion and proposed complaint

14

alleging state law causes of action against Defendant Tacoma News Tribune (“TNT”).

15

Although Casterlow-Bey admits that TNT is based in Tacoma, he argues that its

16

published content has nationwide implications that cause harm to him. Dkt. 1-1 at 1.

17

The Court may permit indigent litigants to proceed in forma pauperis upon

18

completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The Court,

19

however, has broad discretion in denying an application to proceed in forma pauperis.

20

Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). In

21

civil actions for damages, the privilege to proceed in forma pauperis should be allowed

22

only in exceptional circumstances. Id. at 600. “A district court may deny leave to

ORDER - 1

1

proceed in forma pauperis at the outset if it appears from the face of the proposed

2

complaint that the action is frivolous or without merit.” Tripati v. First Nat’l Bank &

3

Trust, 821 F.2d 1368, 1370 (9th Cir. 1987).

4

In this case, Casterlow-Bey fails to properly assert jurisdiction. “[T]he party

5

asserting diversity jurisdiction bears the burden of proof . . . .” Kanter v. Warner-

6

Lambert Co., 265 F.3d 853, 857–58 (9th Cir. 2001). “Section 1332 requires complete

7

diversity of citizenship; each of the plaintiffs must be a citizen of a different state than

8

each of the defendants.” Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir.

9

2001) (citing Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996)). Casterlow-Bey

10

concedes that TNT is a company based in Tacoma and that he is a citizen of Washington.

11

The Court is unaware of and Casterlow-Bey has failed to show any exception to the

12

requirement of compete diversity based solely on the national implications of a

13

company’s work. Therefore, the Court concludes that Casterlow-Bey’s assertion that

14

diversity jurisdiction exists is without merit. The Court DENIES Casterlow-Bey’s

15

motion to proceed in forma pauperis and DISMISSES Casterlow-Bey’s complaint. The

16

Clerk shall close this case.

17

IT IS SO ORDERED.

18

Dated this 7th day of August, 2017.

A

19
20

BENJAMIN H. SETTLE
United States District Judge

21
22

ORDER - 2