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Moye v. Workers'compensation Board

United States District Court, D. Oregon

December 28, 2014

BRANDON MOYE, Plaintiff,
v.
WORKERS' COMPENSATION BOARD, Defendant.

Brandon Moye, Portland, ORM, Plaintiff Pro Se.

OPINION & ORDER

MARCO A. HERNNDEZ, District Judge.

Pro se plaintiff Brandon Moye brings this action against Defendant Workers' Compensation Board. Plaintiff moves to proceed in forma pauperis. Because he has no appreciable income or assets, the Court grants the motion. However, for the reasons explained below, the Court dismisses the Complaint with prejudice.

STANDARDS

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

(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 U.S.C. ยง 1915(e)(2); see also Neitzke v. Williams, 490 U.S. 319, 324 (1989) ( sua sponte dismissals under section 1915 "spare prospective defendants the inconvenience and expense of answering" complaints which are "frivolous, malicious, or repetitive"); Lopez v. Smith, 203 F.3d 1122, 1126 n.7 (9th Cir. 2000) (section 1915(e) applies to all in forma pauperis complaints, not just those filed by inmates). A complaint is frivolous "where it lacks an arguable basis in law or in fact." Neitzke, 490 U.S. at 325; Jackson v. State of Ariz., 885 F.2d 639, 640 (9th Cir. 1989).

As the Ninth Circuit has instructed however, courts must "continue to construe pro se filings liberally." Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). A pro se complaint filed "must be held to less stringent standards than formal pleadings drafted by lawyers.'" Id . (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam)). A pro se litigant will be given leave to amend his or her complaint unless it is clear that the deficiencies of the complaint cannot be cured by amendment. Lopez, 203 F.3d at 1130-31.

DISCUSSION

I. Allegations

Plaintiff's Complaint includes two marked checkboxes indicating that the basis for federal court jurisdiction is both "federal question" and "diversity of citizenship." As the basis ...


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