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Waters v. Savary

United States District Court, D. Oregon

February 7, 2018

CURTIS LEE WATERS, Plaintiff,
v.
VIRGINIA MEAGHAN SAVARY; RAYMOND GOSS; SUPERVISOR TONY; KELLEY BARBER; TYLER DAVIS; CARISSA PONTENG; SHANE PALLESEN; SAMUEL CLANDE; CHARLES MICKLEY; and EDGAR MARTINEZ, Defendants.

          ORDER TO DISMISS

          MICHAEL W. MOSMAN, UNITED STATES CHIEF DISTRICT JUDGE.

         Plaintiff brings this civil rights action pursuant to 42 U.S.C. § 1983. By Order entered this date, the Court granted Plaintiff leave to proceed in forma pauperis. However, for the reasons set forth below, the Court DISMISSES Plaintiffs Complaint.

         BACKGROUND

         Plaintiff alleges Defendants violated Plaintiffs free speech and due process rights under the First, Fourth, and Fourteenth Amendments. Plaintiffs claims appear to arise from actions taken by employees of the state Children's Protective Services agency. Plaintiffs Complaint is largely incomprehensible. By way of facts in support of his claim, Plaintiff alleges the following:

Carissa Ponteng - Search & Seizure. Talking to our kids without permission .... Virginia Savary know lied to get a order "perjury" she violate direct [illegible], search seizure. Broke our family up an kept interest to her.... "Coercion" violates 1st Am Right etc. Defamation of character, Raymond Goss knows the truth, but won't go to head people tell truth. Samuel Clande due process keeping my daughter Peris in foster placement when she can be with family. Shane Pallessen violated my due process rights because he removed my daughters from my house in Oct. 2016 and didn't get hearing until June 2017 8 month later when the have 24 hr to give hearing violate Due Process. Tyler Davis - Due Process - withhold key evidence to cause [illegible] to get fired.[1]

         By way of remedy, Plaintiff seeks money damages, public and written letters of apology, and to have the Defendants reprimanded or fired.

         STANDARDS

         When a Court grants a Plaintiff 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.

28U.S.C. ยง ...


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