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Newell v. Circuit Court For Washington County

United States District Court, D. Oregon

May 16, 2017

MARY MARCH NEWELL, and DANIELLE MARIE NEWELL, Plaintiffs,
v.
CIRCUIT COURT FOR WASHINGTON COUNTY, DHS - Child Welfare; MATHEW AUSTIN NEWELL, Foster Parent; ALANNA LUNDIN, Foster Parent; DHS CHILD WELFARE; CITIZEN REVIEW BOARD; and L.E.A., Local Enforcement Agency, Defendants.

          ORDER TO DISMISS

          ANNA J. BROWN United States District Judge.

         Plaintiff 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.

         BACKGROUND

         Plaintiff 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) .-[1]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).[2]

         The 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 damages.

         STANDARDS

         Where a person 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 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).

         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 a pro se prisoner] 'must be held to less stringent standards than formal pleadings drafted by lawyers.'" Id ...


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