Melton v. Perry

2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Dec 13, 2023 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON JUSTIN ALLEN MELTON, 10 Plaintiff, No. 2:23-CV-00309-SAB 11 v. JESSICA PERRY, JAREN PERRY, DCS ORDER DISMISSING INDIANA, et al., COMPLAINT 14 Defendants.

16 On October 25, 2023, Plaintiff filed a Complaint Against Defendants. ECF No. 1. He was granted in forma paueris on October 27, 2023. ECF No. 4. Plaintiff also filed a Motion for Discovery of Information Necessary to Receive a Fair Trial, ECF No. 3.

20 It is not clear why Plaintiff filed this action in the Eastern District of Washington. He lists his address as being in Evansville, Indian. All Defendants are located in Indiana. It appears that Plaintiff understands that the Eastern District of Washington is not the appropriate court to bring his action. In fact, he asks that the Court transfer this case to an appropriate court over dismissal. The Court declines to do so. By filing this action in the Eastern District of Washington, it appears that Plaintiff is abusing the litigation process. As such, relying on its inherent equitable power, see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 916 (9th Cir. 1987), and its inherent power to control its docket, see Thompson v. Housing Authority, 1|| 782 F.2d 829, 831 (9th Cir. 1986), the Court will dismiss this action without prejudice.

3 Accordingly, IT IS HEREBY ORDERED: 1. Plaintiff's Complaint, ECF No. 1, is dismissed, without prejudice.

5 2. Plaintiff's Motion for Discovery, ECF No. 3, is denied, as moot.

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter this Order, to provide copies to counsel, and close this file.

8 DATED this 13th day of December 2023.

12 .

13 Sue £ 74 i as...

14 Stanley A. Bastian 15 Chief United States District Judge