Bridgewater v. RE-PC Recycled Computers & Peripherals

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE KEYWANIE S. BRIDGEWATER, CASE NO. C23-0965-JCC Plaintiff, ORDER 11 v. RE-PC RECYCLED COMPUTERS & PERIPHERALS, Defendant.

This matter comes before the Court sua sponte. On June 30, 2023, the Honorable Michelle L. Peterson, United States Magistrate Judge, granted Plaintiff’s motion for leave to proceed in forma pauperis. (Dkt. No. 4.) Plaintiff’s handwritten complaint (Dkt. No. 5) was entered shortly thereafter.

Once a complaint is filed in forma pauperis, the Court must dismiss it prior to service if it “fails to state a claim on which relief can be granted.” 28 U.S.C. § 1915(e)(2)(b)(ii); see Lopez v. 21 Smith, 203 F.3d 1122, 1129 (9th Cir. 2000). To avoid dismissal, the complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.

Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009). The factual allegations must be “enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The complaint may be dismissed if it lacks a cognizable legal theory or states insufficient facts to support a cognizable legal theory. Zixiang v. Kerry, 710 F.3d 995, 999 (9th Cir. 2013).

2 The allegations must also support this Court’s subject matter jurisdiction. See Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004).

4 Plaintiff asks the Court to require Defendant to unlock its wireless internet network. (Dkt.

5 No. 5 at 3.) Plaintiff does not, however, state any plausible claims for relief. (See generally Dkt.

6 No. 5.) And based on the facts presented, it is clear that the deficiencies of the complaint cannot be cured by amendment. Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995). The Court need not provide leave to amend when doing so would be futile. Barahona v. Union Pac. R.R. Co., 881 F.3d 1122, 1134 (9th Cir. 2018).

10 For the foregoing reasons, the Court DISMISSES the complaint without prejudice.

11 DATED this 27th day of July 2023.

A John C. Coughenour 15 UNITED STATES DISTRICT JUDGE