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Miner v. Social Security Administration

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

August 14, 2019

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

          ORDER DISMISSING ACTIONS AND DECLARING PLAINTIFF A VEXATIOUS LITIGANT (APPLICABLE TO BOTH CONSOLIDATED ACTIONS)

          JAMES L. ROBART UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         On June 28, 2019, the court entered two orders dismissing Plaintiff Madiha Miner's complaints in case numbers C19-0812JLR and C19-0822JLR and allowing Ms. Madiha 14 days to file amended complaints. (19-0821 Dkt. # 9; 19-0822 Dkt. # 16.)[1]The court warned Ms. Miner that if she failed to file amended complaints that corrected her pleading deficiencies, the court would dismiss her complaints without leave to amend. (19-0821 Dkt. # 9 at 6; 19-0822 Dkt. # 16 at 6.) On July 9, 2019, the court consolidated case numbers C19-0812JLR and C19-0822JLR. (See Min. Order (19-0821 Dkt. # 16; 19-0822 Dkt. # 24).) On July 11, 2019, Ms. Miner filed amended complaints related to both of her case numbers. (19-0821 Dkt. ## 18, 18-1.) As discussed below, Ms. Miner's amended complaints fail to correct her pleading deficiencies. Accordingly, the court DISMISSES her complaints with prejudice and without leave to amend.

         On July 10, 2019, the court issued an order to show cause in the consolidated cases why the court should not enter a vexatious litigant order against Ms. Miner and impose litigation restrictions upon her in the Western District of Washington. (OSC (19-0821 Dkt. # 17) at 8-12.) The court granted Ms. Miner 14 days to respond to the order to show cause. (Id. at 10-12.) Ms. Miner failed to timely file a response to the court's order to show cause (see generally Dkt.), and accordingly, the court ENTERS a vexatious litigant order against her as set forth below.

         II. BACKGROUND

         On April 8, 2019, Ms. Miner filed her first suit in the Western District of Washington-Miner v. Social Security Administration Disability, No. C19-0505JCC (W.D. Wash.). On July 8, 2019, the Honorable John C. Coughenour granted the defendant's motion to dismiss but allowed Ms. Miner 21 days to file an amended complaint. (19-0505 Dkt. # 8.) Ms. Miner failed to timely file an amended complaint, and on July 8, 2019, Judge Coughenour dismissed her complaint. (19-0505 Dkt. # 13.)

         On May 30, 2019, Ms. Miner filed three more lawsuits in the Western District of Washington: (1) Miner v. Social Security Administration, No. C19-0821JLR (W.D. Wash.), (2) Miner v. King County Housing Authority Section 8, No. C19-0822JLR (W.D. Wash.); and (3) Miner v. Issaquah Police Department, No. C19-0823RAJ (W.D. Wash.). On June 28, 2019, the court (1) dismissed both complaints in case numbers C19-0821JLR and C19-0822JLR, pursuant to 28 U.S.C. § 1915(e), with leave to file amended complaints within 14 days, and (2) denied a series of motions that Ms. Miner had already filed in case number C19-0822JLR. (See 6/28/19 Order (19-0821 Dkt. # 9); 6/28/19 Order (19-0822 Dkt. # 16).) On July 9, 2019, the court consolidated case numbers C19-0812JLR and C19-0822JLR. (See Min. Order (19-0821 Dkt. # 16; 19-0822 Dkt. # 24).) On July 18, 2019, Ms. Miner filed a notice of appeal in the consolidated cases. (Not. of App. (19-0821 Dkt. # 19); see also Not. of App. (19-0822 Dkt. # 25).)

         Ms. Miner filed 19 motions in case number C19-0823RAJ. (See 19-0823 Dkt. ## 9-14, 18, 20-21, 23-24, 26, 28-29, 32-36.) On July 29, 2019, the court dismissed Ms. Miner's complaint in case number C19-0823RAJ with leave to amend no later than August 12, 2019, and denied or struck each her pending motions. (See 19-0823 Dkt. # 37.)

         In addition to the above four 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 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 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.) On July 10, 2019, the court denied these motions. (19-0821 Dkt. # 17 at 6-8.)

         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 entering 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.) On July 10, 2019, the court denied this motion. (19-0821 Dkt. # 17 at 6-8.)

         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 ...


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