United States District Court, W.D. Washington, Seattle
ORDER DISMISSING COMPLAINT, GRANTING LEAVE TO FILE AN
AMENDED COMPLAINT, AND DENYING APPLICATION FOR COURT
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
Plaintiff, Daniel Dwayne Ashwell, has been granted leave to
proceed in forma pauperis in this matter. Dkt. #2.
Plaintiff's Complaint was filed on November 5, 2019. Dkt.
#3. Summonses have not yet been issued. Plaintiff has also
filed an Application for Court-Appointed Counsel. Dkt. #4.
nature of Plaintiff's action is not apparent from his
exceedingly brief Complaint, which he provides on the
Court's third-party complaint form. Plaintiff identifies
himself, Sean Paul Lockhart, and President Donald J. Trump in
his Complaint. Dkt. #3 at 1-2. Plaintiff indicates that Mr.
Lockhart is a missing person and that unidentified
people-presumably the defendants-“are blocking a 17
year old [sic] FBI investigation.” Id. at
2-3. As to President Trump, Plaintiff indicates that
“Trump is a foot fetiscist [sic] whom stalks my Aunt
Michele and she has multiple restraining orders on
file.” Id. at 3. Plaintiff does not appear to
seek any specific relief.
plaintiff is proceeding in forma pauperis, the court
will dismiss a complaint at any time if the action fails to
state a claim, raises frivolous or malicious claims, or seeks
monetary relief from a defendant who is immune from such
relief. See 28 U.S.C. § 1915(e)(2)(B);
Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000)
(clarifying that § 1915(e) applies to all in forma
pauperis proceedings, not just those filed by
prisoners). Pursuant to the Federal Rules of Civil Procedure,
a claim for relief must contain:
(1) a short and plain statement of the grounds for the
court's jurisdiction, . . .;
(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.”).
Fed. R. Civ. P. 8(a). Plaintiff's Complaint fails to
satisfy any of these three requirements.
importantly, Plaintiff does not establish a clear
jurisdictional basis for the Court to hear this case. As
federal courts are courts of limited jurisdiction, a
plaintiff bears the burden of establishing that a case is
properly filed in federal court. Kokkonen v. Guardian
Life Ins. Co., 511 U.S. 375, 377 (1994); In re Ford
Motor Co./Citibank (South Dakota), N.A., 264 F.3d 952,
957 (9th Cir. 2001). This burden, at the pleading stage, must
be met by pleading sufficient allegations to show a proper
basis for the federal court to assert subject matter
jurisdiction over the action. McNutt v. General Motors
Acceptance Corp., 298 U.S. 178, 189 (1936). A plaintiff
may establish federal jurisdiction by pleading a
“colorable claim ‘rising under' the
Constitution or laws of the United States” or by
pleading “a claim between parties of diverse
citizenship that exceeds the required jurisdictional amount,
currently set at $75, 000.” Arbaugh v. Y&H
Corp., 546 U.S. 500, 513 (2006) (citations omitted).
Plaintiff's Complaint does not establish this Court's
the Complaint does not provide an adequate factual basis
supporting Plaintiff's claims. Plaintiff does not
indicate what, if any, interest he has in either of the
events he identifies. Warth v. Seldin, 422 U.S. 490,
499 (1975) (noting that a “plaintiff generally must
assert his own legal rights and interests, and cannot rest
his claim to relief on the legal rights or interests of third
parties”). Additionally, complaint must state a
plausible claim for relief. Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). “The plausibility standard is not
akin to a probability requirement, but it asks for more than
a sheer possibility that a defendant has acted
unlawfully.” Iqbal, 556 U.S. at 678 (citing
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 557
(2007)). A plaintiff must plead “factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Id. Plaintiff has not done so.
Plaintiff's Complaint gives no indication of what relief
Plaintiff seeks. Rule 8 specifically requires that the
Complaint include “a demand for the relief
sought.” Fed.R.Civ.P. 8(a)(3).
Plaintiff's Complaint is wholly deficient, it will be
dismissed. However, where a complaint is dismissed
for failure to state a claim, “leave to amend should be
granted unless the court determines that the allegation of
other facts consistent with the challenged pleading could not
possibly cure the deficiency.” Schreiber Distrib.
Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th
Cir. 1986). The Court will permit Plaintiff to amend his
and having reviewed Plaintiff's filings and the remainder
of the ...