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Stephens v. Oregon Driver & Motor Vehicles Services Division (DMV)

United States District Court, District of Oregon

May 9, 2015

RENEE ANDRE STEPHENS, Plaintiff,
v.
OREGON DRIVER & MOTOR VEHICLE SERVICES DIVISION (DMV), a Division of the Oregon State Department of Transportation, Defendant.

Renee A. Stephens Plaintiff Pro Se

OPINION & ORDER

Marco A. Hernandez United States District Judge

Pro se plaintiff Renee Andre Stephens brings this action against the Oregon Driver and Motor Vehicles Division (DMV). Plaintiff moves to proceed in forma pauperis. Because Plaintiff has no appreciable income or assets, I grant the motion. However, for the reasons explained below, I dismiss the 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 U.S.C. § 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).

DISCUSSION

I. Allegations

Plaintiff alleges that the DMV suspended his driver's license in January 2015 after determining that Plaintiff had supplied the DMV with false information. Compl. at p. 3. Although not entirely clear, it appears that Plaintiff contends that the information relied on was not false but was purposefully tampered with by the DMV. Id. Plaintiff contends that he has suffered the loss of his driving privileges as a United States citizen ...


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