United States District Court, D. Oregon, Portland Division
ORDER DISMISSING COMPLAINT; DENYING MOTION FOR
PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING
STANLEY A. BASTIAN UNITED STATES DISTRICT JUDGE.
the Court is Plaintiff's Motion for Preliminary
Injunction and Temporary Restraining Order, ECF No. 5. The
motion was heard without oral argument.
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.
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. §
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;
(iii) seeks monetary relief against a defendant who is immune
from such relief.
it rules on Plaintiff's Motion for Preliminary
Injunction, the Court has determined that it is necessary to
conduct a § 1915(e) review.
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 ...