United States District Court, W.D. Washington, Tacoma
ORDER DENYING APPLICATION TO PROCEED IN FORMA
PAUPERIS AND DENYING MOTION FOR INJUNCTIVE RELIEF
J. BRYAN UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff's Application
to Proceed In Forma Pauperis (Dkt. 1),
Plaintiff's Request of Order for Injunctive Relief
Preliminary Injunction Sought (Dkt. 1-2) and on review of the
proposed complaint (Dkt. 1-1). The Court has considered the
relevant record and the remainder of the file herein.
1, 2018, Plaintiff filed a proposed civil complaint arising
from his arrest, and an application to proceed in forma
pauperis (“IFP”), that is, without paying
the filing fee for a civil case. Dkt. 1.
for Granting Application for IFP.
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).
Application to Proceed IFP.
states that over the last 12 months, he has received the
following income: $660 from disability, unemployment workers
compensation or public assistance. Dkt. 1, at 1. He states
that he has no cash on hand and nothing in his bank accounts.
Dkt. 1, at 2. He has an automobile worth $100. Id.
Plaintiff alleges that he has $660 a month in living
expenses. Id. He further states he “lost
livlyhood [sic] at the hands of W.D.F.W. and suffer from
traumatic brain injury.” Id.
of the Complaint.
Court has carefully reviewed the complaint in this matter.
Because Plaintiff filed this complaint pro se, the
Court has construed the pleadings liberally and has afforded
Plaintiff the benefit of any doubt. See Karim-Panahi v.
Los Angeles Police Dep't, 839 F.2d 621, 623 (9th
proposed complaint, entitled “Complaint - Unlawful -
Arrest Search Conducted in Violent Abusive Manner 28 U.S.C.
1343 Fed. Civ. P. 8 (a), ” names as defendants the City
of Longview, Police Officers Branden McNew, Brian Streithguth
and “John Doe.” Dkt. 1-1, at 1. Plaintiff asserts
that on May 5, 2015, Officer McNew stopped him for a
“minor driving infraction.” Dkt. 1-1, at 2. He
alleges that after he produced his driver's license,
Officer McNew “yelled at Plaintiff and ordered that he
produce his registration and proof of insurance.”
Id., at 2-3. Plaintiff asserts that he told the
officer that he did not have them and that the items were
stolen in a break in of his vehicle. Id., at 3. He
asserts that Officer McNew “aggressively” ordered
him out of the vehicle, and Plaintiff “retreated
(backwards).” Id. Plaintiff's proposed
complaint then states:
At most McNew's lawful authority, provided that he could
simply write [Plaintiff] a citation-infraction for his
failure to produce the documents. Instead, McNews [sic]
erratic and unlawful behavior caused Plaintiff to retreat
toward his vehicle, with his back to McNew Plaintiff dialed
911 for police assistance.
When McNew realized that Plaintiff called 911 after hearing
“911 whats [sic] your emergency” he totally lost
all control of himself.
McNew physically assaulted [Plaintiff] knocking his cell
phone to the ground and slamming his foot onto it (breaking
it) and kicked it across the street. Defendant yelled,
“Joe, you f__ Ass__, Don't you ever call the f__,
police, I am the f__ police, you're not in Wahkiakum your
[sic] in f__ Longview.” McNew grabbed onto
Plaintiff's hair and ears and threw him to the pavement.
[Plaintiff] believed that Officer McNew was going to kill him
as he assaulted and repeatedly choked him.
Id., at 3-4. Plaintiff maintains that in around a
minute two more officers “piled onto the motionless
Plaintiff.” Id., at 4. He alleges that none of
the officers had body ...