Johnson v. United States et al
Filing
26
ORDER DECLINING TO SERVE COMPLAINT AND DISMISSING ACTION WITH PREJUDICE re 11 Amended Complaint. Having had three opportunities to plead her claims, Plaintiff has failed to satisfy Rule 8(a). Accordingly, the Court DISMISSES this action WITH PREJUDICE. All pending motions are hereby terminated. Signed by Judge Marsha J. Pechman. (PM) cc: Plaintiff via USPS
Case 3:21-cv-05242-MJP Document 26 Filed 09/08/21 Page 1 of 3
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
9
10
BRENDA M JOHNSON,
Plaintiff,
11
12
13
14
15
16
v.
CASE NO. C21-5242 MJP
ORDER DECLINING TO SERVE
COMPLAINT AND DISMISSING
ACTION WITH PREJUDICE
UNITED STATES, DEPARTMENT
OF SOCIAL HEALTH,
DEPARTMENT OF CHILD
SUPPORT, CITY OF TACOMA,
OAH,
Defendants.
17
18
Plaintiff has filed a second amended civil complaint (Dkt. No. 11) with this Court in
19
attempt to address the Court’s Second Order declining to serve her initial complaint (Dkt. No.
20
10). Having reviewed the second amended complaint and the relevant portions of the record, the
21
Court hereby finds that Plaintiff’s second amended complaint fails to state a claim and
22
DISMISSES this action WITH PREJUDICE.
23
The Court’s Order is based on the following reasons:
24
Rule 8(a) of the Federal Rules of Civil Procedure provides that
ORDER DECLINING TO SERVE COMPLAINT
AND DISMISSING ACTION WITH PREJUDICE 1
Case 3:21-cv-05242-MJP Document 26 Filed 09/08/21 Page 2 of 3
1
2
3
A pleading that states a claim for relief must contain: (1) a short and plain statement of
the grounds for the court’s jurisdiction, unless the court already has jurisdiction and the
claim needs no new jurisdictional support; (2) a short and plain statement of the claim
showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which
may include relief in the alternative or different types of relief.
4
Fed. R. Civ. P. 8(a). To comply with Rule 8(a), the complaint “must contain sufficient factual
5
matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,
6
556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A
7
claim has facial plausibility when the plaintiff pleads factual content that allows the court to
8
draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556
9
U.S. at 678. “But where the well-pleaded facts do not permit the court to infer more than the
10
mere possibility of misconduct,” the allegations are inadequate to satisfy Rule 8. Id. at 679.
11
“Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops
12
short of the line between possibility and plausibility of entitlement to relief.” Twombly, 559 U.S.
13
at 557 (quotation omitted); see Adams v. Johnson, 355 F.3d 1179, 1183 (9th Cir. 2004)
14
(“[C]onclusory allegations of law and unwarranted inferences are insufficient to defeat a motion
15
to dismiss.”).
16
Plaintiff’s second amended complaint still does not comply with any of the requirements
17
set forth in Rule 8(a). The second amended complaint does not set forth a plain statement of the
18
factual allegations, the basis for the Court’s jurisdiction, or plausible reasons why Plaintiff is
19
entitled to relief. As the Court previously noted in its second order declining to serve the
20
amended complaint (Dkt. No. 10), Plaintiff’s failure to cure the deficiencies through her second
21
amended complaint warrants dismissal of this action with prejudice. See 28 U.S.C. §
22
1915(e)(2)(B)(ii). Having had three opportunities to plead her claims, Plaintiff has failed to
23
24
ORDER DECLINING TO SERVE COMPLAINT
AND DISMISSING ACTION WITH PREJUDICE 2
Case 3:21-cv-05242-MJP Document 26 Filed 09/08/21 Page 3 of 3
1
satisfy Rule 8(a). See Iqbal, 556 U.S. at 678. Accordingly, the Court DISMISSES this action
2
WITH PREJUDICE. All pending motions are hereby terminated.
3
The Clerk is directed to send copies of this Order to Plaintiff and the Parties.
4
Dated September 8, 2021.
5
A
6
Marsha J. Pechman
United States Senior District Judge
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ORDER DECLINING TO SERVE COMPLAINT
AND DISMISSING ACTION WITH PREJUDICE 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?