Opinion

Oravetz v. Oravetz

Court
District Court, D. Oregon
Filed
Mar 15, 2024
Cited by
0 cases
Authority
More cited than 28.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

MARK ORAVETZ, Civ. No. 6:24-cv-00415-AA

Plaintiff, OPINION & ORDER

v.

MIKE ORAVETZ,

Defendant.

_______________________________________

AIKEN, District Judge.

Pro Se Plaintiff Mark Oravetz, seeks leave to proceed in forma pauperis

(“IFP”) in this action. For the reasons set forth below, Plaintiff’s IFP Petition, ECF

No. 2, is DENIED and the Complaint, ECF No.1, is dismissed with leave to amend

and without service on Defendant. If Plaintiff wishes to file an amended complaint,

he must pay the filing fee. The Motion for Appointment of Counsel, ECF No. 3, is

DENIED.

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 IFP, 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. § 1915(e)(2)(B).

With 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 v. 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. Iqbal, 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.” Id. The court is not required to accept legal conclusions, unsupported

by alleged facts, as true. Id.

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 v. 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. Id.

DISCUSSION

When assessing an IFP petition, the Court first must determine whether the

plaintiff has made a sufficient showing of indigency. Here, Plaintiff states that he

has no employment, but indicates that he has $10,000 in liquid assets, as well as

additional assets worth $6.7 billion. The Court concludes that Plaintiff is able to pay

the filing fee and so his IFP petition will be denied.

With regard to the substance of the Complaint, the Court is unable to make

out what claim or claims Plaintiff intends to assert. Plaintiff seeks to bring a claim

against Mike Oravetz but it is not clear that this Court could exercise personal

jurisdiction over Mike Oravetz, as Plaintiff has not provided an address to establish

Mike Oravetz’s state of residence and because Plaintiff alleges that the relevant acts

occurred in the State of Washington. As discussed in greater detail below, the

Complaint will be dismissed with leave to amend. Should Plaintiff wish to pursue

his claim or claims, he should consider whether the state or federal courts of

Washington are a more proper jurisdiction and forum for this action.

In addition, Plaintiff’s statement of the facts giving rise to his claim or claims

is entirely incoherent and reads, in its entirety:

I was put in Jail Because Mike Oravetz Told Lawenformint [sic] I had

Automatic Weapons in Safe 4x6, and I have Talk in 15 year Because He

stole my Briefcase (Turned it with witness Zak Oravetz Bill Bendick

Clallam County Sheriffs WA State Everett WA Sheriff Witness Zak

Oravetz New House New Safe—How He know what in my house and

safe.

Compl. 4.

The Court is unable to understand what claim or claims are being raised and

no defendant, if served with this Complaint, could understand what claims were

being made against them.

This falls below the federal pleading standards and the Complaint must be

dismissed for failure to state a claim. As Plaintiff is pro se, dismissal shall be with

leave to amend and Plaintiff shall have thirty days from the date of this Order in

which to file an amended complaint. In drafting the amended complaint, Plaintiff

should bear in mind that the Court does not know anything about his situation other

than what he includes in his amended pleading. Plaintiff should briefly and clearly

explain who the defendants are, what they have done, and why Plaintiff believes the

defendants should be held liable for his injury. In addition, if Plaintiff wishes to file

an amended complaint, he should accompany his filing with payment of the filing fee

as he does not meet the indigency requirement to proceed IFP.

Finally, the Court denies the Motion for Appointment of Counsel. There is no

constitutional right to counsel in a civil case. United States v. 30.64 Acres of Land,

795 F.2d 796, 801 (9th Cir. 1986). However, pursuant to § 1915, this Court has

discretion to request volunteer counsel for indigent parties in exceptional

circumstances. Wood v. Housewright, 900 F.2d 1332, 1335 (9th Cir. 1990). Here,

Plaintiff has failed to state a claim and has failed to demonstrate indigency and so

the Court declines to request volunteer counsel at this time.

CONCLUSION

For the reasons set forth above, Plaintiff’s IFP petition, ECF No. 2, is DENIED

and the Complaint, ECF No. 1, is DISMISSED without service on Defendant.

Dismissal is with leave to amend and Plaintiff shall have thirty (30) days from the

date of this Order to file an amended complaint. If Plaintiff chooses to file an

amended complaint, the filing should be accompanied by payment of the filing fee.

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

will result in entry of a judgment of dismissal without further notice. Plaintiff’s

Motion for Appointment of Counsel, ECF No. 3, is DENIED.

It is so ORDERED and DATED this 15th day of March 2024.

/s/Ann Aiken

ANN AIKEN

United States District Judge

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.

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