Jackson v. Federal Way Police Department

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 9 LAURA LEAH JACKSON, CASE NO. C24-0095-JCC 10 Plaintiff, ORDER v. 11 FEDERAL WAY POLICE 12 DEPARTMENT, et al., 13 Defendants. 14 15 This matter comes before the Court sua sponte. Plaintiff, proceeding pro se, filed an 16 application to proceed in forma pauperis (“IFP”). (Dkt. No. 1.) On January 25, 2024, the 17 Honorable Brian A. Tsuchida, U.S. Magistrate Judge, granted Plaintiff’s application. (Dkt. No. 18 4.) A complaint filed by any person seeking to proceed IFP pursuant to 28 U.S.C. § 1915(a) is 19 subject to sua sponte review and dismissal by the Court “at any time” to the extent it is 20 “frivolous, malicious, fail[s] to state a claim upon which relief may be granted, or seek[s] 21 monetary relief from a defendant immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); Calhoun 22 v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001). 23 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 24 claim showing that the pleader is entitled to relief.” However, to avoid dismissal, a complaint 25 must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible 26 on its face. Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009). Sufficient factual allegations must “raise 1 a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 2 (2007). 3 Even in applying the Ninth Circuit’s directive to construe pro se complaints liberally, the 4 Court cannot find that Plaintiff has stated a claim upon which relief can be granted. See Hebbe v. 5 Pliler, 627 F.3d 338, 342 (9th Cir. 2010). Not only does Plaintiff’s complaint fail to comply with 6 Rule 8, but it also fails to contain a “short” or “plain statement” of the grounds for this Court’s 7 jurisdiction. Fed. R. Civ. P. 8. 8 For these reasons, and pursuant to 28 U.S.C. § 1915(e)(2), Plaintiff’s complaint (Dkt. No. 9 5) is DISMISSED without prejudice. 10 11 DATED this 25th day of January 2024. A 12 13 14 John C. Coughenour 15 UNITED STATES DISTRICT JUDGE

18 19 20 21 22 23 24 25 26