Yu Hin Chan v. Karen May Bacdayan, Kevin C. McClanahan, Carmen A. Pacheco, Dawn Hill-Kearse, Wavny Toussaint, Re/Max

Summary

The United States District Court for the Western District of Washington dismisses Yu Hin Chan’s pro se, in forma pauperis complaint under 28 U.S.C. § 1915(e)(2)(B). The court finds that the complaint lacks specific factual allegations supporting claims for due process violations, conspiracy, or RICO liability. Dismissal is without prejudice and with leave to amend within 21 days.

Holdings

1. The complaint failed to state a plausible claim because it contained no factually specific allegations explaining the alleged due-process deprivation, conspiracy, roles of the defendants, or factual basis for a RICO claim.
2. The complaint was dismissed without prejudice and with leave to amend within 21 days because the deficiencies were potentially curable by amendment.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under the screening standard of 28 U.S.C. § 1915(e)(2)(B).
2. Whether the plaintiff should be granted leave to amend after dismissal of the deficient complaint.

Disposition

dismissed