BENJAMIN H. SETTLE United States District Judge
ORDER DENYING PLAINTIFF'S MOTIONS AND DISMISSING ACTION
This matter comes before the Court on Plaintiff Mary D. Boorman's ("Boorman") motion to proceed in forma pauperis and motion to appoint counsel (Dkts. 1 & 2).
On March 30, 2015, Boorman filed the instant motions and a proposed complaint against Defendant Housing Authority of Thurston County ("HATC"). In the proposed complaint, Boorman alleges that, in April 2013, she was improperly evicted from her subsidized housing and requests that the Court order HATC to return her to her old apartment and pay some limited damages that were incurred during the eviction.
The 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, however, has broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). "A district court may 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, 1370 (9th Cir. 1987).
In this case, Boorman's complaint is without merit because she fails to allege sufficient facts to establish jurisdiction in this Court. Under the federal housing statutes, Boorman was required to file a complaint with the Department of Housing and Urban Development (HUD) within one year from the date of the alleged improper eviction. 42 U.S.C. § 3610. After HUD issues a decision, Boorman must then file a complaint within a certain time period as well. Id. Upon review of Boorman's submission, Boorman has failed to show that she followed these procedures to fully exhaust her administrative remedies with any federal agency. Because failure to exhaust the remedies provided by HUD is a threshold jurisdictional question, Boorman has failed to allege facts sufficient to confer jurisdiction for this Court to consider her complaint. The Court must dismiss an action when it appears that the Court lacks jurisdiction. Fed. R. Civ. P. 12(h)(3). Therefore, the Court DENIES Boorman's motions (Dkt. 1 & 2) and DISMISSES Boorman's complaint without prejudice for lack of jurisdiction. The Clerk shall close this case.
IT IS SO ORDERED.
Dated this 1st day of April, 2015.
/s/_________
BENJAMIN H. SETTLE
United States District Judge