United States District Court, D. Oregon
ORDER TO DISMISS
MICHAEL H. SIMON UNITED STATES DISTRICT JUDGE.
an inmate at the Multnomah County Inverness Jail, brings this
civil rights action pursuant to 42 U.S.C. § 1983.
Pursuant to an order entered by the Court this date,
plaintiff was granted leave to proceed in forma
pauperis. However, for the reasons set forth below,
plaintiffs Complaint is dismissed.
caption of his Complaint, plaintiff names as the defendants
"Multnomah Co., et al." Plaintiff does not,
however, identify any additional defendants. Plaintiffs
Complaint is a 10-page narrative statement, which is largely
incomprehensible. Plaintiff's Complaint includes a
litany of statements about various criminal proceedings,
including statements that he was wrongfully arrested and
convicted, that he was not provided adequate legal supplies
or adequate opportunity to confer with his attorney, that he
was discriminated against based on his race, that he has been
falsely accused and wrongfully imprisoned, that he has been
tortured, and that he has been discriminated against based
upon his race. Plaintiff also filed an Amended Supplement to
Original Complaint and a Statement of Facts containing
district court must dismiss an action initiated by a prisoner
seeking' redress from a governmental entity or officer or
employee, if the Court determines that the action (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)(B) and 1915A(b). . In order to state
a claim, a plaintiff must allege facts which, when accepted
as true, give rise to a plausible inference that the
defendants violated the plaintiff s constitutional rights.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556-57
determining whether a complaint states a claim, the Court
looks to the pleading standard under Federal Rule of Civil
Procedure 8(a). Under Rule 8(a), a complaint must contain
"a short and plain statement of the claim showing that
the pleader is entitled to relief." "[T]he pleading
standard Rule 8 announces does not require 'detailed
factual allegations,' but it demands more than an
Iqbal, 556 U.S. at 678 (quoting Twombly,
550 U.S. at 555). This requires the presentation of factual
allegations .sufficient to state a plausible claim for
relief. Iqbal, 556 U.S. at 678-69. "[A]
complaint [that] pleads facts that are 'merely consistent
with' a defendant's liability . . . 'stops short
of the line between possibility and plausibility of
entitlement to relief" Id. at 678 (quoting
Twombly, 550 U.S. at 557). Further, although a court
must accept as 'true all factual allegations contained in
a complaint, a court need not accept a plaintiffs legal
conclusions as true. Id. "Threadbare recitals
of the elements of a cause of action, supported by mere
conclusory statements, do not suffice. Id. (quoting
Twombly, 550 U.S. at 555).
plaintiff is proceeding pro se, the court construes
the pleadings liberally and affords the plaintiff the benefit
of any doubt. Erickson v. Pardus, 551 U.S. 89, 94
(2007). Moreover, before dismissing a. pro se civil
rights complaint for failure to state a claim, the court
supplies the plaintiff with a-statement of the
complaint's deficiencies. Karim-Panahi v. Los Angeles
Police Dept., 839 F.2d 621, 623-24 (9th Cir. 1988);
Eldridge v. Block, 832 F, 2d 1132, 1136 (9th Cir.
1987). A pro se litigant will be given leave to
amend his or her complaint unless it is absolutely clear-
that the deficiencies of the complaint cannot be cured by
amendment. Karim-Panahi, 83 9 F.2d at 623; Lopez
v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000).
noted, plaintiffs Complaint reads in narrative form and
appears to allege claims against individuals who are not
named as defendants. As presently drafted it is extremely
difficult, if at all possible, to determine which acts, or
which acts by which individual(s), violated which of
plaintiff s rights. Plaintiff alleges a multitude of
different acts without clearly specifying which individual
committed which acts against him.
although it is unclear from the Complaint, it appears that
plaintiff may be challenging his conviction and/or current
confinement. To the extent plaintiff is challenging the fact
of his custody, not the conditions, it must be brought in a
petition for habeas corpus relief, not a civil rights action.
Ramirez v. Galaza, 334 F.3d 850, 856 (9th Cir.
2003). Finally, a claim for money damages based on the
alleged illegality of plaintiff s current confinement is
barred "under Heck v. Humphrey, 512 U.S. 477
on the foregoing, plaintiff s Complaint is DISMISSED.
Plaintiff may file an Amended Complaint, curing the
deficiencies noted above, within 30 days of the date of this
order. Plaintiff is advised that his Amended Complaint must
specifically include (1) the names of the persons who caused
or personally participated in causing the alleged deprivation
of his constitutional rights, (2) the dates on which the
conduct allegedly took place, and (3) the specific conduct
plaintiff alleges is unconstitutional. Plaintiff is advised
that the Amended Complaint will operate as a complete