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Miner v. Social Security Administration

United States District Court, W.D. Washington, Seattle

July 10, 2019

MADIHA MINER, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION, Defendant. MADIHA MINER, Plaintiff,
v.
KING COUNTY HOUSING AUTHORITY SECTION 8, Defendant.

          ORDER REGARDING MOTIONS AND VEXATIOUS LITIGANT SHOW CAUSE ORDER

          JAMES L. ROBART UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before the court are two motions in case number C19-0821JLR-a motion to appoint counsel (19-0821 Dkt. # 13)[1] and a motion to “cease and desist” directed at Defendant Social Security Administration (“SSA”) (19-0821 Dkt. # 14)-and another motion to appoint counsel in case number C19-0822JLR (19-0822 Dkt. # 21). As discussed below, the court DENIES the two motions to appoint counsel and STRIKES the motion to cease and desist. In addition, the court ORDERS Plaintiff Madiha Miner to SHOW CAUSE why the court should not enter a vexatious litigant order against her and impose litigation restrictions upon her in the Western District of Washington.

         II. BACKGROUND

         On May 30, 2019, Ms. Miner filed two lawsuits in the Western District of Washington. She filed Miner v. Social Security Administration, No. C19-0821JLR (W.D. Wash.), and Miner v. King County Housing Authority Section 8, No. C19-0822JLR (W.D. Wash.). On June 28, 2019, the court dismissed both complaints pursuant to 28 U.S.C. § 1915(e), with leave to file amended complaints within 14 days, and denied a series of motions that Ms. Miner had already filed in case number C19-0822JLR. (See 19-0821 6/28/19 Order (Dkt. # 9); 19-0822 6/28/19 Order (Dkt. # 16).)

         In addition to the above two lawsuits, on June 3, 2019, Ms. Miner removed four of her own actions from King County Superior Court, including: Miner v. Culjat, No. C19-0846JLR (W.D. Wash.); Miner v. King County Superior Court - Juvenile, No. C19-0847JLR (W.D. Wash.); Miner v. King County Housing Authority Section Eight, No. C19-0848JLR (W.D. Wash.); and Miner v. Issaquah Police Department, No. C19-0849JLR (W.D. Wash.). On June 19, 2019, the court concluded that it lacked subject matter jurisdiction over Ms. Miner's removed actions and remanded them all to King County Superior Court. (See 19-0846 6/19/19 Order (Dkt. # 7); 19-0847 6/19/19 Order (Dkt. # 6); 19-0848 6/19/19 Order (Dkt. # 7); 19-0849 6/19/19 Order (Dkt. # 6).)

         Despite the court's orders either dismissing her complaints or remanding her actions, Ms. Miner continued to file numerous, meritless motions in most of her cases. The court will briefly recount Ms. Miner's litigation activity in each of her matters. On July 1, 2019, in case number C19-0821JLR, Ms. Miner filed two frivolous motions (see 19-0821 Dkt. ## 10, 11), which the court struck on July 3, 2019 (19-0821 Dkt. # 12). The court also warned Ms. Miner that it would consider entering a vexatious litigant order against her if she continued to file motions prior to filing an amended complaint. (See Id. at 2-3.) Despite this warning, on July 8, 2019, Ms. Miner filed two more motions-a motion to appoint counsel and a motion to “cease and desist” against SSA. (19-0821 Dkt. ## 13, 14.) These motions are presently pending before the court.

         On June 25, 2019, Ms. Miner filed three nonsensical motions in case number C19-0822JLR. (See 19-0822 Dkt. ## 7, 9, 11.) The court denied these motions in the same order in which it dismissed her complaint. (19-0822 6/28/19 Order at 6-7.) On July 1-2, 2019, Ms. Miner filed three more motions in case number C19-0822JLR. (See 19-0822 Dkt. ## 17-19.) On July 3, 2019, the court struck these motions and warned Ms. Miner that it would consider entered a vexatious litigant order against her if she continued to file motions prior to filing an amended complaint. (19-0822 Dkt # 20.) Despite this warning, on July 8, 2019, Ms. Miner filed a motion seeking the appointment of counsel. (19-0822 Dkt. # 22.) This motion is presently pending before the court.

         On July 8, 2019, despite an order remanding case number C19-0846JLR to King County Superior Court for lack of subject matter jurisdiction (19-0846 Dkt. # 7), Ms. Miner filed a motion to appoint counsel (19-0846 Dkt. # 9). On July 9, the court struck this motion and directed the Clerk not to accept any further filings from Ms. Miner in that matter, except for a notice of appeal, and to return any such attempted filings to her. (19-0846 Dkt. # 11.)

         On June 25, 2019, despite an order remanding case number C19-0847JLR to King County Superior Court for lack of subject matter jurisdiction, Ms. Miner filed three nonsensical motions. (See 19-0847 Dkt. ## 7, 9, 11; see also Dkt # 6 (remanding action).) On June 26, 2019, the court struck these motions. (19-0847 Dkt. # 12.) On July 1, 2019, Ms. Miner filed three more motions. (19-0847 Dkt. ## 14-16.) On July 3, 2019, the court struck these motions and warned Ms. Miner that it would consider entering a vexatious litigant order against her if she continued to file motions in the remanded action. (19-0847 Dkt # 17.) Despite this warning, on July 8, 2019, Ms. Miner filed two more motions-one seeking the appointment of counsel and a second seeking an order directing Defendant King County Superior Court - Juvenile to “cease and desist.” (19-0847 Dkt. ## 18-19.) On July 9, 2019, the court struck these motions and directed the Clerk not to accept any further filings from Ms. Miner in this matter, except for a notice of appeal, and to return any such attempted filings to her. (19-0847 Dkt. # 23.)

         On June 25, 2019, despite an order remanding case number C19-0848JLR to King County Superior Court for lack of subject matter jurisdiction, Ms. Miner filed three nonsensical motions. (See 19-0848 Dkt. ## 8, 10, 12; see also Dkt # 7 (remanding action).) On June 26, 2019, the court struck these motions. (19-0848 Dkt. # 17.) On July 1, 2019, Ms. Miner filed three more motions. (19-0848 Dkt. ## 18-20.) On July 3, 2019, the court struck these motions and warned Ms. Miner that it would consider entering a vexatious litigant order against her if she continued to file motions in the remanded action. (19-0848 Dkt # 21.) Despite this warning, on July 8, 2019, Ms. Miner filed two more motions-one seeking the appointment of counsel and a second seeking an order directing Defendant King County Housing Authority Section Eight to “cease and desist.” (19-0848 Dkt. ## 18-19.) On July 9, 2019, the court struck these motions and directed the Clerk not to accept any further filings from Ms. Miner in this matter, except for a notice of appeal, and to return any such attempted filings to her. (19-0848 Dkt. # 27.)

         On June 25, 2019, despite an order remanding case number C19-0849JLR to King County Superior Court for lack of subject matter jurisdiction, Ms. Miner filed a motion which the court construed as a motion for reconsideration of its remand order and six other nonsensical motions. (See 19-0849 Dkt. ## 7-13; see also Dkt # 6 (remanding action).) On June 26, 2019, the court denied Ms. Miner's motion for reconsideration and struck the other six motions. (19-0849 Dkt. # 15.) On July 1, 2019, Ms. Miner filed three more motions. (19-0849 Dkt. ## 17-19.) On July 3, 2019, the court struck these motions and warned Ms. Miner that it would consider entering a vexatious litigant order against her if she continued to file motions in the remanded action. (19-0849 Dkt # 20.) Despite this warning, on July 8, 2019, Ms. Miner filed two more motions-one seeking the appointment of counsel and a second seeking an order directing Defendant Issaquah Police Department to “cease and desist.” (19-0849 Dkt. ## 22-23.) On July 9, 2019, the court struck these motions and directed the Clerk not to accept any further filings from Ms. Miner in this matter, except for a notice of appeal, and to return any such attempted filings to her. (19-0849 Dkt. # 26.)

         On July 8, 2019, the court consolidated case numbers C19-0821JLR and C19-0822JLR. (19-0821 Dkt. # 16; 19-0822 Dkt. # 24.)

         III. ...


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