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Humphries v. Columbia Newspaper

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Mar 3, 2016
CASE NO. C16-5154 RBL (W.D. Wash. Mar. 3, 2016)

Opinion

CASE NO. C16-5154 RBL

03-03-2016

MARIAH LAVANE HUMPHRIES, Plaintiff, v. THE COLUMBIA NEWSPAPER, Defendant.


ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

THIS MATTER is before the Court on Plaintiff Humphries' Motion for Leave to Proceed in forma pauperis [Dkt. #1] and her proposed "civil rights complaint." Humphries has met the financial standard for proceeding IFP.

Her very short and conclusory complaint alleges that the Columbian Newspaper published her photograph and described her as a sex trafficker in 2012, when she was a minor. She seeks $4 million, a retraction, and an apology.

A district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The court has broad discretion in resolving the application, but "the privilege of proceeding in forma pauperis in civil actions for damages should be sparingly granted." Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963). Moreover, a court should "deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit." Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis complaint is frivolous if "it ha[s] no arguable substance in law or fact." Id. (citing Rizzo v. Dawson, 778 F.2d 527, 529 (9th Cir. 1985); Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).

A pro se Plaintiff's complaint is to be construed liberally, but like any other complaint it must nevertheless contain factual assertions sufficient to support a facially plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim for relief is facially plausible when "the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678.

Humphries is not eligible to proceed in forma pauperis under this standard. Her complaint does not identify the basis of this Court's jurisdiction over the subject matter of the case, and, other than the pre-printed "§ 1983" caption, the complaint does not identify what "civil right" she claims the newspaper violated. The Motion for Leave to proceed in forma pauperis is therefore DENIED. Humphries must pay the filing fee or submit a proposed amended complaint within 30 days of this order or the matter will be dismissed.

Any amended complaint should identify the "who what when where and why" of the claim, including names and dates and the offending written material, and identify the statutory or constitutional right that she claims was infringed. She must also demonstrate that this court has subject matter jurisdiction over the dispute—this court would not have subject matter jurisdiction over a state law libel claim based on the alleged falsity of the story, for example. The complaint need not be long, but it must address these deficiencies.

IT IS SO ORDERED.

Dated this 3rd day of March, 2016.

/s/_________

Ronald B. Leighton

United States District Judge


Summaries of

Humphries v. Columbia Newspaper

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Mar 3, 2016
CASE NO. C16-5154 RBL (W.D. Wash. Mar. 3, 2016)
Case details for

Humphries v. Columbia Newspaper

Case Details

Full title:MARIAH LAVANE HUMPHRIES, Plaintiff, v. THE COLUMBIA NEWSPAPER, Defendant.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Mar 3, 2016

Citations

CASE NO. C16-5154 RBL (W.D. Wash. Mar. 3, 2016)