United States District Court, D. Oregon, Portland Division
Nesbit Plaintiff Pro Se HERNANDEZ, District Judge
OPINION & ORDER
A HERNANDEZ UNITED STATES DISTRICT JUDGE.
Kevin Nesbit, appearing pro se, brings this action against
Jason Tuck and Steven Campbell. 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).
single-page Complaint, Plaintiff alleges that on June 7,
2018, the Happy Valley Municipal Court mailed a court
notification to Plaintiff at the wrong address. Compl. at p.
1, ECF 2. Because of the Court's error, Plaintiff missed
his court date. Id. He alleges that as a result, he
was found guilty of "Driving a Motor Vehicle While Using
Mobile Electronic Device." Id. In order to
prevent the suspension of his license, he paid $1, 015.
Id. He alleges that he requested a
"reconsideration from the courts" but it was
denied. Id. He then requested help from Tuck, whom
he identifies as the City Manager, as well as Campbell, whom
he identifies as the City of Happy Valley's Director of
Public Safety. Id. He contends that both Tuck and
Campbell refused to help him and insisted that the
"mailing system is perfect." Id. Plaintiff
alleges that the facts show a "clear violation of Due
Process, Fraud, and deliberate abuse of authority, Power and
position." Id. He seeks damages in the amount
of $1, 015 ...