Opinion

Mellow v. Josephine County

Court
District Court, D. Oregon
Filed
Aug 9, 2019
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MEDFORD DIVISION

RONALD VINCENT MELLOW, Civ, No, 1:19-cv-01230-AA

Plaintiff, OPINION & ORDER

v.

JOSEPHINE COUNTY,

Defendant.

AIKEN, District Judge.

Plaintiff Ronald Vincent Mellow seeks leave to proceed in forma pauperis (“IFP”) in this

action, ECE No. 2, For the reasons set forth below, the Complaint, ECF No. |, is DISMISSED

with leave to amend and Plaintiff shall have thirty (30) days in which to file an amended complaint.

The Court shall defer ruling on Plaintiff's IFP petition pending submission of an amended

complaint.

LEGAL STANDARD

Generally, all parties instituting any civil action in United States District Court must pay a

statutory filing fee. 28 U.S.C, § 1914(a). However, the federal IFP statute, 28 U.S.C. § 1915(a)(1),

provides indigent litigants an opportunity for meaningful access to federal courts despite their

inability to pay the costs and fees associated with that access. To authorize a litigant to proceed

a court must make two determinations. First, a court must determine whether the litigant is

unable to pay the costs of commencing the action. 28 U.S.C. § 1915(a)(1). Second, it must assess

whether the action is frivolous, malicious, fails to state a claim upon which relief may be granted,

or seeks monetary relief from a defendant who is immune to such relief 28 U.S.C. §

5(e)(2)(B).

In regard to the second of these determinations, district courts have the power under 28

U.S.C. § 1915(e)(2)(B) to screen complaints even before service of the complaint on the

defendants and must dismiss a complaint if it fails to state a claim, Courts apply the same standard

under 28 U.S.C. § 1915(e)(2)(B) as when addressing a motion to dismiss under Federal Rule of

Civil Procedure 12(b)(6). Watison y. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012).

To survive a motion to dismiss under the federal pleading standards, the complaint must

include a short and plain statement of the claim and “contain sufficient factual matter, accepted as

true, to ‘state a claim for relief that is plausible on its face.’” Ashcroft v. igbal, 556 U.S, 662, 678

(2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial

plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable

inference that the defendant is liable for the misconduct alleged. The plausibility standard... asks

for more than a sheer possibility that a defendant has acted unlawfully.” Jd The court is not

required to accept legal conclusions, unsupported by alleged facts, as true. Jd.

Pro se pleadings are held to less stringent standards than pleadings by attorneys. Haines

v. Kerner, 404 U.S, 519, 520-21 (1972), That is, the court should construe pleadings by pro se

plaintiffs liberally and afford the plaintiffs the benefit of any doubt. Karim-Panahi y. Los Angeles

Police Dep’t, 839 F.2d 621, 623 (9th Cir, 1988), Additionally, a pro se litigant is entitled to notice

of the deficiencies in the complaint and the opportunity to amend, unless the complaint’s

deficiencies cannot be cured by amendment. fd.

9D ODINTON & ORME

DISCUSSION

The Complaint in this case is disjointed and lacks a coherent explanation of Mellow’s

claims, although it generally appears that Mellow intends to challenge tax lien foreclosures

initiated by Defendant Josephine County. The Complaint indicates that federal jurisdiction is

based on “Amendment 14 Section 1, Amendment 15 Right to Vote, Amendment 1 Petition to

Redress Grievances, Due Process, Search [and] Seizure.” Compl, 3. From this, the Court

understands that Mellow intends to bring a claim for violation of his federal constitutional rights

pursuant to 42 U.S.C. § 19831!

Beyond this, however, the Complaint lacks the details necessary for the Court to understand

Mellow’s claim or claims. Mellow alleges that in recent years, the County has foreclosed on

numerous properties for failure to pay county taxes and has sold those properties at auction.

Mellow alleges that these foreclosure sales have been “illegal” and an “abuse of the legal process,”

but does not explain how, nor does he allege sufficient facts to show that such foreclosures failed

to comport with the requirements of the Due Process Clause of the Fourteenth Amendment or any

of the other constitutional provisions cited by Mellow.

Mellow also alleges that the County “Board of Commissioners & Co. Attorney illegally

amended a failed Ordinance 2013-002 into law using Ordinance 90-16,” but the Complaint does

not explain this allegation, nor does it connect the cited ordinances to the allegations concerning

forfeiture of property for unpaid taxes.”

Title 42 U.S.C. § [983 “provides a federal cause of action against any person who, acting under color of state law,

deprives another of his federal rights.” Conn v. Gabbert, 526 U.S. 286, 290 (1999), To maintain a claim under §

1983, “a plaintiff must both (1) allege the deprivation of a right secured by the federal Constitution or statutory law,

and (2) allege that the deprivation was committed by a person acting under color of state law.” Anderson v, Warner,

451 F.3d 1063, 1067 (9th Cir, 2006).

7 It appears that both ordinances concern solid waste and nuisance abatement.

Bana MDPDINTITOMAL & ORME

Additionally, although the Complaint alleges in general terms that the County has acted

unlawfully to the detriment of hundreds of Josephine County property owners, it does not clearly

allege that Mellow has personally been harmed by the County’s actions, which raises questions of

standing.

“[S]tanding is an essential and unchanging part of the case-or-controversy requirement of

Article If [of the United States Constitution].” Lujan vy. Defenders of Wildlife, 504 U.S. 555, 560

(1992). “Standing addresses whether the plaintiff is the proper party to bring the matter to the

court for adjudication.” Chandler v, State Farm Mut. Auto. Ins, Co., 598 ¥.3d 1115, 1122 Oth

Cir. 2010), At an “irreducible constitutional minimum,” Article IIT standing “requires the party

asserting the existence of federal court jurisdiction to establish three elements: (1) an injury in fact

that is (a) concrete and particularized and (b) actual or imminent; (2) causation; and (3) a likelihood

that a favorable decision will redress the injury.” Wolfson v. Brammer, 616 F.3d 1045, 1056 (th

Cir. 2010) (internal quotation marks and citation omitted).

In addition to these constitutional limitations on federal court jurisdiction, there are also

prudential limitations on its exercise. Fleck & Assocs., Inc. v. City of Phoenix, 471 F.3d 1100,

1103-04 (9th Cir. 2006). The doctrine of prudential standing “restrict{s] the grounds a plaintiff

may put forward in seeking to vindicate his personal stake.” Jd at 1104. Courts must consider,

among other things, “whether the alleged injury is more than a mere generalized grievance,

whether the plaintiff is asserting her own rights or the rights of third parties, and whether the claim

in question falls within the zone of interests to be protected or regulated by the constitutional

guarantee in question.” JVolfson, 616 F.3d at 1056 (internal quotation marks and citation omitted).

“As a prudential matter, even when a plaintiff has Article II standing, we ordinarily do not allow

Pace d OPINION & ORDER

third parties to litigate on the basis of the rights of others.” Planned Parenthood of Idaho, Inc. v.

Wasden, 376 F.3d 908, 917 (9th Cir. 2004).

The Complaint does not clearly allege an injury that is concrete and particularized, nor is

it clear that Mellow is seeking to vindicate his own rights by bringing this case. Mellow does not

clearly allege, for example, that his own property has been forfeited in an unlawful proceeding.

Rather, it appears that Mellow is attempting to litigate a generalized grievance on behalf of

property owners in Josephine County, in which case Mellow lacks standing to maintain this action.

In light of the deficiencies described above, the Court concludes that Mellow has failed to

state a claim and the Complaint must be dismissed. The Court is mindful of the latitude that must

be accorded to pro se plaintiffs, however, and Mellow will therefore be given leave to file an

amended complaint.

In drafting the amended complaint, Mellow must bear in mind that the Court does not know

anything about the facts of his case or the nature of his dispute with the County, other than what

he chooses to include in the amended complaint. Mellow should allege enough facts for the Court

to understand the nature of the claim, but not so much detail that the amended complaint ceases to

be a “short and plain statement,” as required by Federal Rule of Civil Procedure 8(a). Vague or

conclusory allegations like “the defendant has acted illegally” do not assist the Court in

understanding Mellow’s claims. Instead, Mellow should focus on clearly explaining what the

defendant has done, how Mellow personally has been harmed by the actions of the defendant, and

why the defendant should be held liable for that harm, The Court encourages Mellow to consult

the “Guide to Self-Represented Parties,” which is available on the Court’s website, for additional

advice in drafting the amended complaint.

Page 5 OPINION & ORDER

CONCLUSION

For the reasons set forth above, the Complaint, ECF No. 1, is DISMISSED with leave to

amend. Plaintiff shall have thirty (30) days from the date of this Order in which to file an amended

complaint. Plaintiff is advised that failure to file an amended complaint within the allotted time

will result in the entry of a judgment of dismissal. ‘The Court defers ruling on Plaintiff's petition

to proceed IFP, ECF No, 2, until Plaintiff files an amended complaint or the time for doing so has

expired,

It is so ORDERED and DATED this day of August, 2019.

ANN AIKEN

United States District Judge

Pace 6 —OPINION & ORDER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.