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Richardson v. Clackamas County

United States District Court, D. Oregon, Portland Division

April 24, 2014

SCOTT ALAN RICHARDSON and PAMELA RICHARDSON, Plaintiffs,
v.
CLACKAMAS COUNTY, et al, Defendants.

OPINION AND ORDER

JANICE M. STEWART, Magistrate Judge.

Plaintiffs, Scott Alan Richardson and Pamela Richardson, have applied to proceed in forma pauperis (docket #1). An examination of the application reveals that they are unable to afford the fees of this action. Accordingly, their application is granted and no filing fee will be assessed. However, for the reasons set forth below, the Complaint is dismissed without prejudice, and pro bono counsel will be appointed for the limited purpose of assisting them in filing an amended complaint.

STANDARDS

A complaint filed in forma pauperis may be dismissed at any time, including before service of process, if the court determines that:

(A) the allegation of poverty is untrue; or
(B) the action or appeal
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

28 USC § 1915(e)(2); see also Neitzke v. Williams, 490 U.S. 319, 324 (1989); Jackson v. State of Ariz., 885 F.2d 639, 640 (9th Cir 1989).

A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Neitzke, 490 U.S. at 325; Lopez v. Dep't of Health Servs., 939 F.2d 881, 882 (9th Cir 1991).

A court must liberally construe the allegations of a pro se plaintiff and "afford the plaintiff the benefit of any doubt." Lopez, 939 F.2d at 883 (citation omitted). However, under FRCP 8(a)(2), all complaints must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." A complaint must "give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Conley v. Gibson, 355 U.S. 41, 47 (1957). This standard "does not require detailed factual allegations, '" but does demand "more than an unadorned, the- defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). "A pleading that offers labels and conclusions' or a formulaic recitation of the elements of a cause of action will not do.'" Id.

ALLEGATIONS

The Richardsons have filed a Complaint (using the court's form) against the following 10 defendants: Clackamas County and its Senior Planner (Clay Glasgow); the City of Gladstone and its Mayor (Wade Byers), City Administrator (Peter Boyce), Chief of Police (James Pryde), two city judges (Robert Gray and Linda Beloof), Ordinance Specialist (Sean Boyle), and City Prosecutor (Michael Slominski). They allege that defendants violated 18 USC § 242 and unspecified "civil rights ...


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