United States District Court, D. Oregon
ORDER TO DISMISS
Michael H. Simon United States District Judge
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.
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.
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.
party is granted leave to proceed in forma pauperis,
the court shall dismiss the case at any time if the court
(B) the action...
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
28 U.S.C. § 1915(e)(2).
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).
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.