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Bell v. Feuerstein

United States District Court, D. Oregon

April 4, 2017

LARRY LYDELL BELL, SR, Plaintiff,
v.
CHERYL J. FEUERSTEIN, Personal Representative of Estate; RAYLYNNA J. PETERSON; and MERCHANTS BONDING COMPANY, Defendants.

          ORDER TO DISMISS

          Michael H. Simon United States District Judge

         Plaintiff, an inmate at the Oregon State Correctional Institution, brings this civil rights action alleging claims under 42 U.S.C. § 1983, as well as supplemental state law claims. Plaintiff was previously granted leave to proceed in forma pauperis. For the reasons set forth below, Plaintiffs Complaint is dismissed.

         BACKGROUND

         Plaintiff names as Defendants Cheryl J. Feuerstein, who is the court-appointed personal representative of the Estate of Bennie Dell (the "Estate"); Raylynna J. Peterson, who is Ms.

         Feuerstein's attorney; and Merchants Bonding Company. Plaintiff alleges Defendants violated Plaintiff s Due Process rights under the United States Constitution in connection with the sale of real property which was part of the Estate. Plaintiff also alleges Defendants violated state law in connection with the sale. By way of remedy, Plaintiff seeks money damages.

         STANDARDS

         Where a party is granted leave to proceed in forma pauperis, the court shall dismiss the case at any time if the court determines that:

(B) the action...
(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).

         In order to state a claim, a plaintiffs complaint must contain sufficient factual allegations which, when accepted as true, give rise to a plausible inference that the defendants violated the plaintiffs constitutional rights. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 556-57 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009).

         As the Ninth Circuit has instructed however, courts must "continue to construe pro se filings liberally." Hebbe v. Pliler,627 F.3d 338, 341 (9th Cir. 2010). A "complaint [filed by apro se prisoner] 'must be held to less stringent standards than formal pleadings drafted by lawyers.'" Id. ...


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