Filed: Dec. 30, 2019
Latest Update: Dec. 30, 2019
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendants' motion to dismiss (Dkt. No. 15). Having considered the parties' briefing and the relevant record, the Court hereby DENIES the motion for the reasons explained below. On June 17, 2016, the Court entered a pre-filing order against Plaintiff. See McDermott v. U.S. Postal Serv., Case No. C16-0377-JCC, Dkt. No. 31 at 6-9 (W.D. Wash. 2016). The order imposed a review process for "[a]ny pro se compla
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Defendants' motion to dismiss (Dkt. No. 15). Having considered the parties' briefing and the relevant record, the Court hereby DENIES the motion for the reasons explained below. On June 17, 2016, the Court entered a pre-filing order against Plaintiff. See McDermott v. U.S. Postal Serv., Case No. C16-0377-JCC, Dkt. No. 31 at 6-9 (W.D. Wash. 2016). The order imposed a review process for "[a]ny pro se complai..
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ORDER
JOHN C. COUGHENOUR, District Judge.
This matter comes before the Court on Defendants' motion to dismiss (Dkt. No. 15). Having considered the parties' briefing and the relevant record, the Court hereby DENIES the motion for the reasons explained below.
On June 17, 2016, the Court entered a pre-filing order against Plaintiff. See McDermott v. U.S. Postal Serv., Case No. C16-0377-JCC, Dkt. No. 31 at 6-9 (W.D. Wash. 2016). The order imposed a review process for "[a]ny pro se complaint submitted for filing in this District in which Lance McDermott is a named Plaintiff or purports to act as a party representative." Id. at 8-9. Acting under the apparent belief that the order prohibited him from filing in this District without an attorney, Plaintiff filed a "Request for Judicial Review"—i.e., a complaint—in King County Superior Court on November 19, 2018.1 (See Dkt. No. 1-1 at 3.) Plaintiff's complaint challenges the Equal Employment Opportunity Commission's decision to dismiss his EEOC complaint against Megan Brennan, United States Postmaster General, and the United States Postal Service. (See id. at 3, 15-17.) The complaint also seeks to consolidate Plaintiff's challenge with other employment-related issues that he has raised against USPS. (See id. at 3-14.)
On May 14, 2019, Defendants removed the case to the Court pursuant to 28 U.S.C. § 1442(a)(1). (Dkt No. 1 at 2.) Defendants now move to dismiss the complaint on the basis that Plaintiff failed to comply with the Court's pre-filing order. (See Dkt. No. 15 at 2-6.) However, Plaintiff's complaint falls outside of the plain text of the Court's pre-filing order. That order applies only to pro se complaints that are "submitted for filing in this District." McDermott, Case No. C16-0377-JCC, Dkt. No. 31 at 8. The present complaint was not "submitted for filing in this District"—it was submitted for filing in King County Superior Court. (Dkt. No. 1-1 at 2.) Consequently, the Court's June 17, 2016 pre-filing order does not apply to the present complaint. The Court therefore DENIES Defendants' motion to dismiss.
