United States District Court, D. Oregon, Portland Division
FINDINGS AND RECOMMENDATION
ACOSTA, MAGISTRATE JUDGE
Ryan Christopher James brings this pro se claim
against Defendant, the Oregon State Legislature
("OSL"). (Compl., ECF No. 1.) Plaintiff also filed
an application with the court to proceed in forma
pauperis, which this court granted. (ECF Nos. 2, 5.) For
the reasons stated below, the court recommends that the
Complaint be dismissed.
complaint filed in forma pauperis may be dismissed
at any time, including before service of process, if the
Court determines that:
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.
U.S.C. § 1915(e)(2)(B); see also Neitzke v.
Williams, 490 U.S. 319, 324 (1989) (sua sponte
dismissals under § 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); Preciado v. Salas, No. l:13-cv-00390,
2014 WL 127710, at *1 (E.D. Cal. Jan. 14, 2014) ("The
Court is required to screen complaints brought by plaintiffs
proceeding pro se and in forma
Ninth Circuit has instructed however, courts must
"continue to construe pro se filings
liberally." Hebbe v. Filler, 627 F.3d 338, 342
(9th Cir. 2010). Kpro se complaint filed"
'must be held to less stringent standards than formal
pleadings drafted by lawyers.'" Id.
(quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)
(per curiam)). Kpro se litigant will be given leave
to amend his or her complaint unless it is clear that the
deficiencies of the complaint cannot be cured by amendment.
Lopez, 203 F.3d at 1130-31.
In the Complaint, Plaintiffs statement of claim is as
I've had the IID for over 3 years now. I've completed
all treatment and have stayed clean for over 3 years. I would
like to know [i]f this device can be taken ...