United States District Court, D. Oregon
ORDER TO DISMISS
MICHAEL W. MOSMAN UNITED STATES DISTRICT JUDGE.
brings this civil rights action pursuant to 42 U.S.C. §
1983 and moves for leave to proceed in forma
pauperis. Plaintiff's in forma pauperis
application is granted, and the action may proceed without
fees or costs. However, for the reasons set forth below,
Plaintiff's Complaint is dismissed for failure to state a
claim upon which relief may be granted. See Fed. R.
Civ. P. 12 (b) (6) .
alleges that in 1996, Defendant McCauley, a Jackson County
prosecutor, charged him with at least one felony. As a
result, on May 3, 1996, police officers in San Jose,
California broke down his door and extradited him to Oregon.
He claims that the Jackson County Circuit Court's
involvement in the case amounted to obstruction of justice,
and that Defendant McCauley's actions amounted to
misconduct. Plaintiff alleges that as a result of what he
claims to be a false criminal record, he has wrongfully
suffered physical and mental stress and been unable to seek
employment. He asks this Court to hold Defendants
is appropriate if Plaintiff fails to state a claim upon which
relief can be granted. See Fed. R. Civ. P. 12(b)(6).
Plaintiff's Complaint should not be dismissed for failure
to state a claim, however, unless it appears beyond doubt
that Plaintiff can prove no set of facts in support of his
claim which would entitle him to relief. Terracom v.
Valley Nat'l Bank, 49 F.3d 555, 558 (9th Cir. 1995).
for failure to state a claim is a ruling on a question of
law. Parks School of Business, Inc., v. Symington,
51 F.3d 1480, 1483 (9th Cir. 1995). Review is limited to the
contents of the Complaint and its Exhibits. Id. at
1484. Allegations of fact in the Complaint must be taken as
true and construed in the light most favorable to the
non-moving party. Id. From the facts alleged, the
court also must draw all reasonable inferences in favor of
the Plaintiff. Usher v. City of Los Angeles, 828
F.2d 556, 561 (9th Cir. 1987). But conclusory allegations,
without more, are insufficient to state a claim.
McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810
(9th Cir. 1988).
Complaint can be read in three different ways, none of which
entitles him to the relief he seeks. First, to the extent
Plaintiff asks the Court to provide him with damages for
misconduct on the part of the prosecuting attorney and trial
court in Jackson County in 1996, both Defendants would be
immune from such a suit. Olsen v. Idaho State Bd. of
Medicine, 363 F.3d 916, 922 (9th Cir. 2004) (state court
judges are absolutely immune from suits for damages for acts
undertaken in judicial capacity); Kalina v.
Fletcher, 522 U.S. 118, 123-25 (1997) (prosecutorial
Complaint can also be read as a request for mandamus relief.
Specifically, Plaintiff may be asking the Court to order the
appropriate state official to correct the record to show that
Plaintiff was never convicted of a felony in Oregon. Federal
courts lack mandamus authority to direct state officials
regarding the performance of their duties, and a petition for
mandamus requesting such relief is frivolous as a matter of
law. See Demos v. U.S. District Court, 925 F.2d
1160, 1161-62 (9th Cir.), cert, denied, 498 U.S.
to the extent Plaintiff asks this Court to invalidate any
prior Oregon convictions he might have on his criminal
record, a federal civil rights case is neither a substitute
for a proper appeal of a criminal conviction or sentence, nor
does it constitute a permissible avenue by which to take a
successive appeal. Heck v. Humphrey, 512 U.S. 477,
489 (1984) ("Even a prisoner who has fully exhausted
available state remedies has no cause of action under §
1983 unless and until the conviction or sentence is reversed,
expunged, invalidated, or impugned by the grant of a writ of
habeas corpus.") . For all of these reasons, the Court
summarily dismisses Plaintiff's Complaint for failure to
state a claim.
on the foregoing, IT IS ORDERED that Plaintiff's
Complaint (#2) is DISMISSED for failure to state a claim.
Because it is evident that Plaintiff cannot cure the
deficiencies identified above through amendment, the
dismissal is without leave to amend, but without prejudice to
his right to refile should he successfully invalidate any
prior conviction (s) in a proper proceeding.
s pending request for appointed counsel contained within his
Complaint is denied. Additionally, for the reasons set forth
above, this court certifies that any appeal from this order
would not be taken in good ...