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Kohfield v. United States

United States District Court, D. Oregon, Portland Division

May 20, 2019

SHANE MICHAEL KOHFIELD, Plaintiff,
v.
UNITED STATES, Defendant.

          Shane Michael Kohfield Plaintiff Pro Se

          OPINION & ORDER

          Marco A. Hernandez United States District Judge.

         Pro se plaintiff Shane Michael Kohfield brings this action against the United States. Plaintiff moves to proceed in forma pauperis. Because he has no appreciable income or assets, I grant the motion. However, for the reasons explained below, I dismiss the Amended Complaint.

         STANDARDS

         A 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; or
(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).

         DISCUSSION

         I. ...


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