United States District Court, D. Oregon, Portland Division
OPINION & ORDER
A Hernandez United States District Judge.
plaintiff Brandon Moye brings this action against Defendant
Burnside Firs, LLC. 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 Complaint.
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;
(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).
brings a claim for what he alleges is unconstitutional
gerrymandering under the Fourteenth Amendment. Compl. §
IIA (explaining asserted basis for federal question
jurisdiction), ECF 2. He contends that he was improperly
evicted from a residence which he believes was in Portland
and carried a Portland address but which Defendant,
presumably Plaintiff's landlord, asserted was actually in
Gresham. Id., § III. According to Plaintiff,
Defendant's insistence that the residence was in Gresham
deprived Plaintiff of ...