Opinion

Stroud v. Klosi

Court
District Court, W.D. Washington
Filed
May 2, 2025
Cited by
0 cases
Authority
More cited than 35.1%

The opinion

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7 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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10 STROUD: LASHONNE-LETIA, Sui Juris, NO. 2:25-cv-00128-JHC

11 Plaintiff, ORDER

12 vs.

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ENGJELLUSH KLOSI, SERGEANT ERIC

14 FOURNIER, and Does 1-10, whose identities

are presently unknown,

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16 Defendants.

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This matter comes before the Court on Defendant Eric Fournier’s FRCP 12(b)(6)

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19 Motion to Dismiss, Dkt. # 14; and pro se Plaintiff’s Motion to Strike Defendant Fournier’s

20 Motion to Dismiss, Dkt. # 19, Motion to Compel Discovery and Disclosure of Evidence Under

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Federal and Constitutional Law, Dkt. # 30, Petition for Writ of Habeas Corpus, Emergency

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Injunctive Relief, and Demand for Immediate Judicial Intervention, Dkt. # 34, Motion for

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Preliminary Injunction and Emergency Equitable Relief, Dkt. # 35, and Motion for Protective

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25 Order and Emergency Relief, Dkt. # 36. For the reasons below, the Court GRANTS the

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motion to dismiss without prejudice, GRANTS Plaintiff leave to amend her complaint, and

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DENIES the remaining motions.

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3 Fournier’s Motion to Dismiss & Plaintiff’s Motion to Strike

4 Under Federal Rule of Civil Procedure 12(b)(6), a court may dismiss a complaint for

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“failure to state a claim upon which relief can be granted.” A motion to dismiss under this rule

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“tests the legal sufficiency of a claim.” Conservation Force v. Salazar, 646 F.3d 1240, 1241–

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42 (9th Cir. 2011) (quoting Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001)). In

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9 considering such a motion, a court “accept[s] factual allegations in the complaint as true and

10 construe[s] the pleadings in the light most favorable to the nonmoving party.” Manzarek v. St.

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Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008) (internal citation and

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quotation omitted). But the complaint must contain more than “[t]hreadbare recitals of the

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elements of a cause of action” and “mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S.

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15 662, 678 (2009). It “must contain sufficient factual matter, accepted as true, to ‘state a claim to

16 relief that is plausible on its face.’” Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570

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(2007)).

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This matter appears to arise out of unlawful detainer proceedings against Plaintiff. See

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Dkt. # 1. Sergeant Fournier contends that the only allegation against him is that he carried out

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21 a writ of execution. Dkt. # 14 at 1. He thus argues that both quasi-judicial and qualified

22 immunity bar the claims against him. Id. at 1–5. But the complaint is unclear. It does not

23 clearly allege that Fournier executed a writ of execution–though that may be a reasonable

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inference from the allegations and attachments. The pleading provides little in the way of

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factual allegations, stating, “Despite Plaintiff’s motions for a stay, Defendants forcibly

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removed Plaintiff’s belongings, commenced demolition, and left property exposed to the

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elements on 1/14/2024.” Dkt. # 1 at 2. But it does not say whether the requested stay was

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3 ordered by any court. Nor does it explain in any way how Defendant Fournier’s conduct was

4 unlawful in light of the Writ of Restitution in the unlawful detainer matter. Id. at 134–35.

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Thus, the complaint fails to state a claim against Sergeant Fournier.

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Plaintiff’s motion to strike the motion to dismiss, Dkt. # 19, lacks merit. As argued by

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Fournier, Federal Rule of Civil Procedure 12(b) requires that a Rule 12(b)(6) motion must be

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9 made before answering a complaint. See Dkt. # 39.

10 Plaintiff’s Remaining Motions

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Plaintiff’s remaining motions also lack merit.

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The motion to compel discovery, Dkt. # 30, is procedurally flawed. Among other

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things, the motion does not include a certification of compliance with the good faith

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15 conference/attempt to confer requirement. See Fed. R. Civ. P. 37(a)(1); LCR 37(a)(1).

16 Plaintiff’s motions at Dkt. ## 34, 35, and 36, essentially seek to have the Court undo

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the Writ of Restitution and give her access to the property at issue. Plaintiff fails to present

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law and facts to justify such extraordinary relief. Moreover, this Court does not have

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jurisdiction to hear a direct appeal of a state court’s decision, regardless of whether the appeal

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21 is express or implied. Hooper v. Brnovich, 56 F.4th 619, 624 (9th Cir. 2022).

22 Conclusion

23 For the foregoing reasons, the Court GRANTS Defendant Fournier’s motion, Dkt. #

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14, and DISMISSES the claims against him without prejudice. The Court GRANTS Plaintiff

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leave until May 16, 2025, to file an amended complaint if she wishes; such leave is limited to

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the claims against Defendant Fournier. The Court recommends that, before seeking to amend

> | her complaint, Plaintiff review the authorities cited by Defendant Fournier regarding quasi-

3 | judicial and qualified immunity. Dkt. # 14 at 3-4.

4 And the Court DENIES Plaintiff’s motions at Dkt. ## 19, 30, 34, 35, and 36.

° DATED this 2nd day of May, 2025.

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ch. 4 Chur

ab ho A. Chun

9 UNITED STATES DISTRICT COURT

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” ORDER - 4

(USDC C25-128-JHC)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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