United States District Court, D. Oregon, Portland Division
Anna Stafford Port Hueneme, CA, Pro Se Plaintiff.
OPINION AND ORDER DISMISSING CASE
GARR M. KING, District Judge.
Plaintiffs Anna Stafford and minor child Asher bring a case against Vincent Bernabei, alleging diversity jurisdiction. A party seeking to institute a civil action must pay a filing fee of $400.00, consisting of $350.00 pursuant to 28 U.S.C. § 1914 and a $50.00 administrative fee. An action may proceed without the prepayment of a filing fee only upon a proper application to proceed in forma pauperis. 28 U.S.C. § 1915. Stafford has neither paid the filing fee nor submitted an application to proceed in forma pauperis.
Even if Stafford paid the filing fee or submitted an application to proceed in forma pauperis, the Complaint may be dismissed. Pro se complaints are construed liberally and may only be dismissed "for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Engebretson v. Mahoney , 724 F.3d 1034, 1037 (9th Cir. 2013) (quoting Silva v. Di Vittorio , 658 F.3d 1090, 1101 (9th Cir. 2011)). The court should allow a pro se plaintiff to amend the complaint unless it would be impossible to cure the deficiencies of the complaint by amendment. Johnson v. Lucent Tech. Inc. , 653 F.3d 1000, 1011 (9th Cir. 2011).
For the following reasons, I dismiss the Complaint with leave to amend.
Stafford alleges the following:
Two emails were sent by The Stafford Family June and July 2013 to Mr. Vince Bernabei asking him to stop appearing. Mr. Vince Bernabei showed false appearance in Multnomah County Case XXXX-XXXXX in August 2013, and signed a divorce document in September 2013 without notifying Ms. Anna Stafford and continued to falsely act as her legal representative.
Mr. Vincent Bernabei charged her $650 for the false appearance.
The Stafford family suffered from the false appearance and forgery. The Stafford Family must pay child support, put a life insurance policy in the ex's name, pay son's medical until he is 21, and pay court fees associated which top over four times the Stafford Family 2013 salary of $4, 000.
Compl. Claim I. Stafford seeks $550 million dollars "for the inconvenience of the Stafford stolen identity and false representation." Compl. Relief.
Although not entirely apparent, Stafford brings this action against her former lawyer arising out of the six months he represented her in dissolution and custody litigation filed in Multnomah County Circuit Court. See In re: Heifetz Adam J./Anna R., No. XXXXXXXXX (Mult. Cnty. Cir. Ct. filed Sept. 17, 2012).
Since I have reviewed several previous versions of this Complaint, brought against Stafford's ex-husband, his parents and their company, and the psychologist who testified in the custody proceeding, I am familiar with the facts. See Stafford v. Heifetz Halle Consulting Group, LLC, No. 3:13-CV-1057-KI, 2013 WL 4501048 (D. Or. Aug. 21, 2013); Stafford v. Heifetz, No. 3:13-CV-1963-KI (D. Or. Dec. 23, 2013); Stafford v. Ransford, No. 3:13-CV-1454-KI, 2014 WL 198783 (D. Or. Jan. 15, 2014); Stafford v. Heifetz, No. 3:14-CV-484-KI (D. Or. Mar. 25, 2014). In the first referenced ...