United States District Court, D. Oregon, Portland Division
William Toahty III General Delivery Pro se Plaintiff.
A HERNÁNDEZ UNITED STATES DISTRICT JUDGE.
plaintiff Ralf William Toahty III brings this action against
Duke Kimsey, the Confederated Tribes of Grand Ronde, and the
Tribal Employment Rights Ordinance Division (T.E.R.O.).
Plaintiff moves to proceed in forma pauperis.
Because he has no appreciable income or assets, the motion is
GRANTED. However, for the reasons explained below, the
complaint is DISMISSED.
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).
complaint is titled “Lawsuit Claim for Sexual
Misconduct.” Compl. at 1. Plaintiff alleges he was
subjected to sexual misconduct and sexual harassment by Duke
Kimsey, the T.E.R.O. Assistant Director with the Confederated
Tribes of Grand Ronde. Id. When he reported the
harassment and misconduct to T.E.R.O. and the Human Resources