United States District Court, D. Oregon
OPINION & ORDER
A. HERNANDEZ, UNITED STATES DISTRICT JUDGE.
Plaintiff Avideh Aminian brings action against Defendants
Social Security Administration (SSA) and James Hawthorne
Property. Compl. at pp. 1-2, ECF 1. Plaintiff moves to
proceed in forma pauperis. Because she has no
appreciable income or assets, I grant the motion. However,
for the reasons explained below, I dismiss the Complaint.
complaint filed in forma pauperis may be dismissed
at any time, including before service of process, if the
court determines that:
(A) the allegation of poverty is untrue; or
(B) the action or appeal-
(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); see also Neitzke v.
Williams, 490 U.S. 319, 324 (1989) (sua sponte
dismissals under section 1915 "spare prospective
defendants the inconvenience and expense of answering"
complaints which are "frivolous, malicious, or
repetitive"); Lopez v. Smith, 203 F.3d 1122,
1126 n.7 (9th Cir. 2000) (section 1915(e) applies to all
in forma pauperis complaints, not just those filed
by inmates). A complaint is frivolous "where it lacks an
arguable basis either in law or in fact."
Neitzke, 490 U.S. at 325; Jackson v.
Arizona, 885 F.2d 639, 640 (9th Cir. 1989).
Complaint, Plaintiff asserts that federal question is the
basis for federal court jurisdiction. Compl. at p. 4.
However, in the space requesting that Plaintiff list specific
federal statutes, treaties, or constitutional provisions at
issue in the case, Plaintiff wrote only this: "I have
police report federal trace consumer code 963-841-29 for
rent [undecipherable but possibly abatement or assessment] as
tenant and landlord. to protect myself as [undecipherable but
possibly safely or safety]." Id. Although
Plaintiff did not check the box for diversity jurisdiction,
she did complete the section supporting such jurisdiction,
indicating that James Hawthorne Property and an individual
named Steve Black, who is not otherwise mentioned in the
Complaint, has its principal place of business in Portland,
Oregon. Id. at p. 5. Plaintiff also resides in
Complaint itself contains no other facts at all. In an
Exhibit to the Complaint, Plaintiff mentions a letter sent to
her by the SSA on or about July 20, 2018, and some action on
July 19, 2018 by the property management company regarding a
"wrong violation." Compl., Ex. 1 at p. 1, ECF 1-2.
Additional pages to the Exhibit include a rental agreement
between Plaintiff and "Infinity Property
Management" of Sherwood, Oregon regarding a property
named "Bridgeview/James Hawthorne," with an address
of 1508 S.W. 13th Avenue in Portland, for a fixed lease term
of July 29, 2013 to January 31, 2014. Id. at p. 2.
The next page shows a lease term from March 1, 2014 to August