United States District Court, D. Oregon
ORDER TO DISMISS
J. BROWN United States District Judge.
Mary Newell brings this civil action pro se.
Pursuant to an Order entered by the Court this date,
Plaintiff was granted leave to proceed in forma
pauperis. However, for the reasons set forth below,
Plaintiff's Complaint is dismissed.
initiated this action by filing a 127-page document titled
"Complaint for a Civil Case, " to which Plaintiff
attached Petitions for Writ of Habeas Corpus Pursuant to 28
U.S.C. § 2254, Petitions for Writ of Mandate, and
numerous exhibits (ECF No. 2) .-Plaintiff simultaneously
filed a 211-page document titled "Petition for Writ of
Mandate Vacating Jurisdiction and Judgments of Lower Court
Censuring the Juvenile Court and DHS" (ECF No. 3).
Plaintiff has subsequently filed fourteen additional
documents, many of some length, including motions, a 350-page
Amended Complaint, additional Petitions for Writ of Habeas
Corpus, "Expedited Mandates, " and
"Injunctions." (ECFNos. 4, 5, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21).
gravamen of Plaintiff's claims throughout all of her
numerous filings can be narrowed to one primary issue, the
removal of Plaintiff's minor son from Plaintiff's
custody. By way of remedy, Plaintiff apparently seeks
restoration of custody over her son, as well as criminal
charges against the various named | Defendants, and money
person is granted leave to proceed in forma
pauperis, the court shall dismiss the case at any time
if the court determines that:
(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 plaintiff's complaint must
contain sufficient factual allegations which, when accepted
as true, give rise to a plausible inference that Defendants
violated Plaintiff's 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 a pro
se prisoner] 'must be held to less stringent
standards than formal pleadings drafted by
lawyers.'" Id ...