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Toahty v. Kimsey

United States District Court, D. Oregon, Portland Division

October 11, 2019

RALF WILLIAM TOAHTY III, Plaintiff,
v.
DUKE KIMSEY, CONFEDERATED TRIBES OF GRAND RONDE, TRIBAL EMPLOYMENT RIGHTS ORDINANCE (T.E.R.O.) Division, Defendants.

          Ralf William Toahty III General Delivery Pro se Plaintiff.

          OPINION &ORDER

          MARCO A HERNÁNDEZ UNITED STATES DISTRICT JUDGE.

         Pro se 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.

         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. Allegations

         Plaintiff's 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 department, ...


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