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McLaren v. State

United States District Court, D. Oregon

January 28, 2014

TRACY McLAREN, Plaintiff,
v.
STATE OF OREGON, Defendant.

Tracy McLaren, Portland, OR, Plaintiff pro se.

FINDINGS AND RECOMMENDATION AND ORDER

JOHN JELDERKS, Magistrate Judge.

Pro se Plaintiff McLaren brings this action against the State of Oregon. Plaintiff's Complaint comprises the first page of a Complaint form, filled in by hand and eight handwritten pages. Plaintiff's Complaint alleges that the State of Oregon failed to train state personnel "about laws changing on S.O's" and that Plaintiff is "again trying to get this to the Supreme Courts(sic) to be paid for my horrible existence for 20 years." Plaintiff has applied to proceed in forma pauperis and has moved for the appointment of pro bono counsel.

Plaintiff's application to proceed in forma pauperis is granted and his motion for appointment of counsel is denied. For the reasons set forth below, Plaintiff's Complaint should be dismissed, without service of process, on the basis that it fails to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B).

Background

Plaintiff's Complaint alleges that

The State of Oregon had hired parole officers, in my case; who were not read; with increased penalties for 20 years and increased penalties as the laws changed that restricted my capabilities to earn a living and produced public information; that was held against me to have my children released to me; as my father's rights dictated!

Plaintiff's Complaint lacks clarity but appears to be based on his dissatisfaction with events following his incarceration and related to his status as a sex offender. Plaintiff alleges that he was subjected to "15 plus years of prosecutions, " "dealing with parole and probation officers, " "added penalties, " being continually tracked and not allowed to leave the state, and negative impacts on both his opportunities to work and his ability to collect the "maximum amount" in disability payments.

Plaintiff then asks for relief in the form of

... the unheardable a governmental pardon, a raised disability to maximum, appoligizes(sic) from state police supervisor at time I have confronted them and DHS supervisor who retired; yet told off that day! And no more child support to be paid in full!

Plaintiff also alleges that $5000 was paid to each of two attorneys. Plaintiff requests those funds back as well as the "amount owed holding someone in county with no case...." In addition, Plaintiff seeks to be reunited with his children and asks for 20 million dollars, or one million dollars a year for 20 years of prosecution "to be paid for my horrible existence for 20 years!"

Discussion

Under 28 USC § 1915(e)(2)(B), a complaint filed in forma pauperis must be dismissed before service of process if it is frivolous, fails to state a claim on which relief may be granted or seeks monetary relief against a defendant who is immune from such relief.

In order to survive a motion to dismiss for failure to state a claim, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007); see also, Ashcroft v. Iqbal , 556 U.S. 662 (2009)(specifically applying Twombly analysis beyond the context of the Sherman Act). The court must liberally construe a pro se plaintiff's complaint and permit amendment unless the deficiencies in the ...


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