United States District Court, D. Oregon, Medford Division
OPINION & ORDER
AIKEN UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Defendants' Motion to
Dismiss the Amended Complaint. ECF No. 14. Plaintiff has not
responded to the motion and the time for doing so has passed.
For the reasons set forth below, the motion is GRANTED and
this case is DISMISSED with prejudice.
Amended Complaint, which is styled "Amended Bill in
Equity in Exclusive Equity, " ECF No. 6, is disjointed
and difficult to read. It is, for the most part, an
incomprehensible gibberish of misapplied legal and
quasi-legal terms. To the extent that the Amended Complaint
can be understood, it appears to bring some sort of common
law civil and/or equity action related to Plaintiff Charles
Shorb's criminal conviction in Oregon state court.
2008, Shorb was convicted of Rape in the First Degree and
Sexual Abuse in the First Degree following a jury trial in
Josephine County Circuit Court. Shorb is currently in the
custody of the Oregon Department of Corrections and is
proceeding pro se. Shorb brings this action against
the Josephine County Circuit Court, two state court judges,
and the Josephine County District Attorney, apparently for
acts taken in the course of Shorb's criminal prosecution.
has previously filed a petition for habeas corpus, which was
denied in February 2017. Shorb v. Nooth,
2:14-cv-02005-SB, 2017 WL 465469 (D. Or. Feb. 2, 2017). That
matter is currently on appeal in Shorb v. Nooth,
Ninth Circuit Case No. 17-35102.
plaintiff "fail[s] to state a claim upon which relief
can be granted, " the court must dismiss the action.
Fed, R. Civ. P. 12(b)(6). In order to state a viable claim, a
plaintiff must allege "enough facts to state a claim to
relief that is plausible on its face." Bell Atl
Corp. v. Twombly, 550 U.S. 544, 570 (2007); see also
Ashcroft v. Iqbah 556 U.S. 662, 679 (2009). This means a
complaint must contain "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 (internal quotation marks and citation omitted).
The complaint must contain "well-pleaded facts"
which "permit the court to infer more than the mere
possibility of misconduct." Id. at 679.
purposes of a motion to dismiss, the complaint is liberally
construed in favor of the plaintiff and its allegations taken
as true. Rosen v. Walters, 719 F.2d 1422, 1424 (9th
Cir. 1983). Bare assertions, however, that amount to nothing
more than a "formulaic recitation of the elements"
of a claim "are conclusory and not entitled to be
assumed true." Iqball 556 U.S. at 681.
se pleadings are held to less stringent standards than
pleadings by attorneys. Haines v. Kerner, 404 U.S.
519, 520-21 (1972). That is, the court should construe
pleadings by pro se plaintiffs liberally and afford
the plaintiffs the benefit of any doubt. Karim-Panahi v.
Los Angeles Police Dep't, 839 F.2d 621, 623 (9th
Cir. 1988). Additionally, a pro se litigant is
entitled to notice of the deficiencies in the complaint and
the opportunity to amend, unless the complaint's
deficiencies cannot be cured by amendment. Id.
move to dismiss this case with prejudice on the grounds that
(1) this Court lacks jurisdiction over Shorb's claims;
(2) Josephine County Circuit Court is entitled to sovereign
immunity under the Eleventh Amendment; (3) the individual
Defendants are entitled to judicial or prosecutorial immunity
for acts taken in the course of Shorb's criminal
prosecution; (4) Shorb has failed to state a claim against
Defendants; (5) Defendants are entitled to qualified
immunity; and (6) Shorb has failed to properly serve
preliminary matter, Defendants have requested that the Court
take judicial notice of the docket sheet for Shorb's
underlying criminal conviction in Josephine County Circuit
Court, State v. Shorb, Case No. 05CR0974, which is
attached to Defendants' Motion to Dismiss as Exhibit 1.
Although district courts may not consider any material beyond
the pleadings in ruling on a Rule 12(b)(6) motion, they may
take judicial notice of documents referenced in the
complaint, pleadings from other relevant proceedings, as well
as matters in the public record, without converting a motion
to dismiss into one for summary judgment. Intri-Plex
Techs., Inc. v. Crest Grp., Inc., 499 F.3d 1048, 1052
(9th Cir. 2007). The Ninth Circuit has "extended the
doctrine of incorporation by reference to consider documents
in situations where the complaint necessarily relies upon a
document or the contents of the document are alleged in a
complaint, the document's authenticity is not in question
and there are no disputed issues as to the document's
relevance." Coto Settlement v. Eisenberg, 593
F, 3d 1031, 1038 (9th Cir. 2010); see also Fed.
case, the docket sheet for State v. Shorb is a
matter of public record and it is necessarily relied upon by
the Amended Complaint, Shorb has not objected to
Defendants' request for judicial notice, or otherwise
responded to Defendants' motion, and the time for doing
so has now passed, The ...