Opinion
CASE NO. C20-0492-RSL
05-28-2020
LOIS WILLOW ALLEN, Plaintiff, v. CITY CHURCH, et al., Defendants.
REPORT AND RECOMMENDATION
Plaintiff submitted an in forma pauperis (IFP) application and a proposed civil complaint. (Dkt. 1.) Plaintiff names numerous specific churches and individuals as defendants, as well as defendants such as "All Churches in Anchorage (Alaska), "Korean Church", "All Catholic services across the country", and the Vatican. (Dkt. 1-1.) She appears to allege crimes, violations of laws, and a variety of different incidents, but her claims are in large part incomprehensible.
Pursuant to 28 U.S.C. § 1915(e)(2)(B), this Court may deny an application to proceed IFP and should dismiss a complaint if it is frivolous or fails to state a claim upon which relief may be granted. An action is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989).
This Court previously dismissed several cases filed by plaintiff upon finding them frivolous and/or failing to state a claim. Allen v. Puget Sound Guardians, No. C18-1344-JCC; Allen v. Chapel by the Sea Inc., No. C18-0026-JLR; Allen v. Persons Who Access My Personal Neurons and Information be they in a Computer or in my Brain, No. C17-1595-JCC. See also Allen v. Catholic Soc. Servs., No. C17-1451-MJP (dismissal for improper venue). The current action appears frivolous and fails to state a claim upon which relief may be granted and is, therefore, also subject to dismissal under 28 U.S.C. § 1915(e)(2)(B).
Because of the deficiencies in the proposed complaint, the request to proceed IFP should be DENIED and this case DISMISSED without prejudice. 28 U.S.C. § 1915(e)(2)(B). A proposed order of dismissal accompanies this Report and Recommendation.
DEADLINE FOR OBJECTIONS
Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within fourteen (14) days of the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar for the third Friday after they are filed. Responses to objections may be filed within fourteen (14) days after service of objections. If no timely objections are filed, the matter will be ready for consideration by the District Judge on June 19 , 2020 .
DATED this 28th day of May, 2020.
/s/_________
Mary Alice Theiler
United States Magistrate Judge