Zayas v. Summit Classical Christian School

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 MYRIAM ZAYAS, CASE NO. C23-1368JLR 11 Plaintiff, ORDER v. 12 SUMMIT CLASSICAL 13 CHRISTIAN SCHOOL, 14 Defendant. 15 On October 31, 2023, the court dismissed pro se Plaintiff Myriam Zayas’s 16 complaint pursuant to 28 U.S.C. § 1915(e) for failure to state a cognizable claim for 17 relief. (10/31/23 Order (Dkt. # 6).) In particular, the court concluded that Ms. Zayas 18 failed to state a claim under 42 U.S.C. § 1983 because the sole Defendant, Summit 19 Classical Christian School (“Summit”), is a private entity and the complaint failed to 20 plausibly allege that Summit’s conduct was “fairly attributable to the State.” (Id. at 3-5 21 (citing Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982) (explaining that private 22 1 parties may only be held liable under § 1983 if a plaintiff shows that their “conduct 2 allegedly causing the deprivation of a federal right [was] fairly attributable to the

3 State”)).) The court granted Ms. Zayas leave to “file an amended complaint that 4 remedie[d] the deficiencies” identified in the court’s order and ordered her to file her 5 amended complaint, if any, by no later than November 17, 2023. (10/31/23 Order at 6.) 6 The court warned Ms. Zayas that failure to timely comply with the court’s order would 7 result in the dismissal of her complaint without leave to amend and the closure of this 8 case. (Id. at 5-6.)

9 The November 17, 2023 deadline has now passed, and Ms. Zayas has failed to file 10 an amended complaint. (See generally Dkt.) On November 20, 2023, however, the court 11 received a pleading titled “Reply to Order,” which Ms. Zayas appears to have signed on 12 November 4, 2023 and sent by U.S. Mail. (Reply (Dkt. # 7).) Although that pleading 13 raises new factual allegations related to Ms. Zayas’s § 1983 claim, it fails to address,

14 much less cure, the deficiency identified in the court’s October 31, 2023 order: the lack 15 of factual allegations demonstrating that Summit’s conduct is fairly attributable to the 16 State. (See generally Reply.) Accordingly, the court DISMISSES Ms. Zayas’s complaint 17 with prejudice and without leave to amend. 18 Dated this 29th day of November, 2023. A 19 JAMES L. ROBART 20 United States District Judge 21 22