Elgar v. Pierce Transit Administration et al

Filing 3

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; plaintiff has 21 days 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 1/18/2018 (DN). (cc to pltf)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C17-6080RBL

BETSY P ELGAR,
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Plaintiff,
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ORDER

v.
PIERCE TRANSIT
ADMINISTRATION, GEORGE BUSH,
BARACK OBAMA, DONALD
TRUMP,

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Defendants.
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THIS MATTER is before the Court on Plaintiff Betsy Elgar’s Motion for Leave to
Proceed in forma pauperis, supported by her proposed complaint. The complaint is quite difficult
to read, because it does not really make sense. Elgar seems to think that she is owed something
by Pierce Transit.

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ORDER - 1

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[Dkt. #1-1 at 3]

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She also seeks the impeachment of Former President Obama and Current President
Trump:

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[Dkt. 1-1 at 5]

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ORDER - 2

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A district court may permit indigent litigants to proceed in forma pauperis upon

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

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discretion in resolving the application, but “the privilege of proceeding in forma pauperis in civil

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actions for damages should be sparingly granted.” Weller v. Dickson, 314 F.2d 598, 600 (9th Cir.

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1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should “deny leave to proceed in

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forma pauperis at the outset if it appears from the face of the proposed complaint that the action

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is frivolous or without merit.” Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.

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1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis complaint

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is frivolous if “it ha[s] no arguable substance in law or fact.” Id. (citing Rizzo v. Dawson, 778

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F.2d 527, 529 (9th Cir. 1985); see also Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).
A pro se Plaintiff’s complaint is to be construed liberally, but like any other complaint it

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must nevertheless contain factual assertions sufficient to support a facially plausible claim for

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relief. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A

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claim for relief is facially plausible when “the plaintiff pleads factual content that allows the

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court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”

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Iqbal, 556 U.S. at 678.

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Ordinarily, the Court will permit pro se litigants an opportunity to amend their complaint

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in order to state a plausible claim. See United States v. Corinthian Colleges, 655 F.3d 984, 995

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(9th Cir. 2011) (“Dismissal without leave to amend is improper unless it is clear, upon de novo

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review, that the complaint could not be saved by any amendment.”)

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ORDER - 3

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Elgar’s complaint does not meet this standard. The claims are facially frivolous, and at

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least with respect to her conspiracy theory claims about the government, there is nothing she can

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alter or add to state a plausible claim.

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Her motion to proceed in forma pauperis (and for the appointment of counsel) is

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therefore DENIED. She must pay the filing fee or file a proposed amended complaint within 21

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days or this case will be dismissed. The only claim that is conceivably viable involves a claim

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against Pierce Transit, if she can articulate plausible claim against them for doing something to

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her, other than not hiring bus drivers that Elgar suspects may be “terrorists.”

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Any proposed emended complaint that contains the sorts of claims and theories contained
in this version will be dismissed without further notice.

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IT IS SO ORDERED.

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Dated this 19th day of January, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 4