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 Adam Jeremy Heifetz, 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, without leave to amend.
Stafford alleges the following:
The Stafford family suffered from the false representation, slander, false accusations, false witnesses, falsified documents, forgery of identity and false claims to Jascha Heifetz, which resulted in a marriage and the given last name of a child under false pretences [sic]. 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. Mr. Adam Jeremy Heifetz used funds from his LLC Heifetz Halle Consulting Group to slander the mother in court. He allowed the LLC "Heifetz Halle Consulting Group" to act as avatar "Adam Heifetz, " which is Fascism: when an organization runs a government. This is against U.S. Civil Rights.
Compl. Claim I. Stafford seeks $550 million dollars "for the false representation, false witnesses, false documents, and false marriage of the Stafford stolen identity and false representation of the minor child." Compl. Relief.
Although not entirely apparent, Stafford brings this action against her ex-husband arising out of 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 defendant's 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). In the first referenced proceeding, I allowed Stafford an opportunity to amend her complaint, but found even her Amended Complaint failed to state a claim against the defendant LLC.
Stafford has also filed a case against the attorney who represented her for six months in the Multnomah County case, about which I write separately. Stafford v. Bernabei, No. 3:14-CV-00483-KI (D. Or. filed March 25, 2014).
Stafford fails to state a claim against the defendant for a number of reasons. First of all, Stafford must comply with Federal Rule of Civil Procedure 8, which requires a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). Stafford ...