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Jacob v. United States Probation Department

United States District Court, D. Oregon, Portland Division

September 18, 2018

ALANDER LEVEEN JACOB, Plaintiff,
v.
UNITED STATES PROBATION DEPARTMENT FOR THE DISTRICT OF OREGON; CHIEF U.S. PROBATION OFFICER JOHN BODDEN; and U.S. PROBATION OFFICER KEVIN MCGLOTHEN, Defendants.

          ORDER DISMISSING COMPLAINT; DENYING MOTION FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER

          STANLEY A. BASTIAN UNITED STATES DISTRICT JUDGE.

         Before the Court is Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order, ECF No. 5. The motion was heard without oral argument.

         Plaintiff filed a pro se complaint on August 13, 2018, bringing two claims under 42 U.S.C. § 1983. ECF No. 1. He requested special counsel and also requested a preliminary injunction. Id. Plaintiff is seeking general damages in the amount of $17, 800, 000.00; special damages in the amount to be determined; punitive damages against each Defendant in the amount of $1, 000, 000.00, as well as cost of suit and reasonable fees. Id.

         On September 5, 2018, Plaintiff filed a Motion for Preliminary Injunction and Temporary Restraining Order. ECF No. 5. Plaintiff indicates that he furnished a copy of the Civil Rights Complaint with the appropriate U.S. Marshal forms for service. There is nothing in the record to indicate Plaintiff sought or received authorization to have the U.S. Marshals Service serve his Complaint or his Motion. 28 U.S.C. § 1915(e)(2) provides:

         (2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time 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; or
(iii) seeks monetary relief against a defendant who is immune from such relief.

(emphasis added).

         Section 1915(e) Review

         Before it rules on Plaintiff's Motion for Preliminary Injunction, the Court has determined that it is necessary to conduct a § 1915(e) review.

         Dismissal for failure to state a claim under § 1915(e)(2) incorporates the standard for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). To survive § 1915 review, a complaint must “contain sufficient factual matter, accepted as true, to state a ...


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