Federal judge dismisses contractor's complaint against Anchorage, allows him to refile

U.S. District Judge Sharon L. Gleason on Friday dismissed Matthew Tennant's amended complaint against the Municipality of Anchorage, finding that it failed to state a claim. The case stays open. Tennant has 30 days, until Dec. 6, to file a new complaint or a notice ending the case.

Tennant, who is representing himself, named 14 defendants: the city, Anchorage Water and Wastewater Utility and 12 city officers and employees.

The city argued that his one-page complaint listed 10 legal conclusions without facts or blame tied to any defendant, and asked for no relief. Gleason agreed that it "clearly fails to state a plausible claim" against any defendant. A new complaint must list, in numbered paragraphs, the injury he says each defendant caused and when and where it happened.

Gleason also denied four of his motions. He had asked her to return the case to state court, disqualify the Municipal Attorney's Office, enter default against AWWU and hold oral argument or a status conference.

Tennant sued in state court May 15, and the defendants moved the case to federal court June 16. Gleason found that his citation of the Fifth Amendment raised a federal question. He may ask again to send the case back if a new complaint raises only state-law claims.

In an exhibit, Tennant says the city is holding his contractor's license and a coffee shop permit until he pays a fine tied to trenching work or a nicked wire. "No electrical work was performed," he wrote. Gleason did not rule on that claim. Her order says it is not the court's job to search exhibits for possible claims.