United States District Court, W.D. Washington, Tacoma
REPORT AND RECOMMENDATION NOTED FOR: OCTOBER 24, 2014
KAREN L. STROMBOM, Magistrate Judge.
On September 2, 2014, Plaintiff David L. May filed a prisoner form application to proceed in forma pauperis (IFP) and a proposed complaint. Dkt. 1. He also filed a proposed "supplemental complaint and preliminary injunction." Dkt. 2. Mr. May was not incarcerated at the time he filed his pleadings. On September 9, 2014, the Court directed Mr. May to complete and return the appropriate IFP form for non-prisoners. Dkt. 4. On September 18, 2014, Mr. May returned the form but failed to complete questions 2, 3a-c, and 3 e-g. Dkt. 5. The Clerk returned the form to Mr. May with instructions for completion. To date, Mr. May has not responded.
The undersigned recommends that Mr. May's IFP application be denied and this action dismissed without prejudice. In addition, the Court's review of Mr. May's pleadings reveals that they are legally deficient and fail to state a claim under 42 U.S.C. Section 1983.
Mr. May alleges that on June 12, 2014 he was sentenced to serve six months work release and 365 days of community custody. However, Sergeant Muldrew told Mr. May that he could not be placed on work release while he was receiving disability benefits. On May 9, 2014, Deputy Sheriff Monroe told Mr. May that a prisoner must have a job or be able to be placed in the work release program. On May 28, 2014, Deputy Sheriff Shields told Mr. May that he must move over to Post 5 Trustee Unit and work in the kitchen, laundry, or on the unit as a pod orderly before he could work on building his resume and learn interview techniques. On July 2, 2014, Mr. May was transferred to the Lewis County Jail due to overcrowding at the Thurston County Jail.
Mr. May claims that he was denied equal protection because Defendants intentionally denied him access to the work release program based on his disability in violation of Title II of the Americans with Disabilities Act (ADA). It also appears that Mr. May is claiming a lack of due process because no steps were taken by Defendants to determine if in fact he was capable of performing work. Mr. May states that when he is not incarcerated, he receives approximately $700 per month in disability benefits.
In an entirely different claim, Mr. May claims that Sheriff Snaza violated his First Amendment religious rights when he was denied "reasonable access to Jumuah Prayer, an Islamic leader, Islamic literature, and Islamic meals" during Ramadan, while he was confined at the Lewis County Jail. Mr. May claims that his transfer to the Lewis County Jail from the Thurston County Jail violated his First Amendment right to free exercise of religion because after the transfer he was not fed before sunrise or after sunset as required during Ramadan.
Mr. May claims that his transfer to the Lewis County Jail also interfered with his rights to counsel and to access the courts. Mr. May states that when he was arrested in January 2014 for failure to register as a sex offender, his court appointed attorney on that case at sentencing failed to address credit for time served - according to Mr. May, Sheriff Snaza gave him credit for time served only beginning in May 7, 2014 which set his release date at September 3, 2014. Mr. May's access to his court appointed counsel terminated when his criminal case ended. He claims that because of his transfer to the Lewis County Jail, he cannot obtain counsel and he has been greatly limited in his ability to litigate the case.
In a separate document which is largely illegible, Mr. May seeks "an injunction so that future jail and prison inmates" are allowed to go to the work release, are not deprived of Islamic religious freedoms, and can obtain an attorney. Dkt. 1-2.
In a "supplement" to his complaint, Mr. May states that his "personal property was either lost or stolen by the Defendants or their agents after it was taken to the Thurston County Jail by Mr. Eric Pilon (his defense counsel) while he was in the Lewis County Jail." Dkt. 2.
Mr. May is not incarcerated. He signed his proposed complaint on September 1, 2014 and his address on the Court's docket is reflected as 900 Jefferson, General Delivery, in Olympia, Washington.
A. IFP Application
A district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. §1915(a). However, the court has broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963).
Because Mr. May has failed to comply with this Court's directives to pay the filing fee or submit a properly completed IFP application, this ...