1 – OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EARL DEAN ALLEN,

Plaintiff, Civ. No. 6:14-cv-01206-MC

v. OPINION AND ORDER

T MOBILE, ATT, and Verizon,

Defendants.

_____________________________

MCSHANE, Judge:

Plaintiff, pro se, brings this motion to proceed in forma pauperis, ECF No. 2, and an 

action against T-Mobile, AT&T, and Verizon Wireless for unspecified claims,1 ECF No. 1.

This Court may dismiss a claim sua sponte under FRCP 12(b)(6) for failure to state a 

claim upon which relief can be granted. Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th 

Cir. 1987) (citations omitted). Likewise, if a plaintiff proceeds in forma pauperis, this Court is 

required to dismiss “the case at any time if the court determines that” the action or appeal is 

“frivolous or malicious” or “fails to state a claim on which relief may be granted.” 28 U.S.C. § 

1915(e)(2)(B). Upon review, plaintiff’s motion to proceed in forma pauperis, ECF No. 2, is 

GRANTED, and plaintiff’s complaint, ECF No. 1, is DISMISSED with leave to amend.

STANDARD OF REVIEW

“In civil rights cases where the plaintiff appears pro se, [this Court] must construe the 

pleadings liberally and must afford plaintiff the benefit of any doubt.” Karim-Panahi v. L.A. 

 1 Plaintiff did not indicate the “nature of the suit” on the civil cover sheet is submitted to this Court.Compl. 1, ECF 

No. 1-1.

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2 – OPINION AND ORDER

Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988) (citations omitted). This Court must give a pro se

litigant “leave to amend his or her complaint unless it is absolutely clear that the deficiencies of 

the complaint could not be cured by amendment.” Id. (citations and internal quotation marks 

omitted). “Moreover, before dismissing a pro se civil rights complaint for failure to state a claim, 

[this Court] must give the plaintiff a statement of the complaint’s deficiencies.” Id.

DISCUSSION

Plaintiff, in his complaint, seeks relief from alleged privacy violations and possible 

billing disputes.

2 To survive this assessment under FRCP 12(b)(6) and 28 U.S.C. § 

1915(e)(2)(B), plaintiff must allege “enough facts to state a claim to relief that is plausible on its 

face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). Under this standard, plaintiff’s 

alleged facts must constitute “more than a sheer possibility that a defendant acted unlawfully.” 

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). This Court must assume that the allegations 

contained in the complaint are true. Id.

Plaintiff’s allegations, at least as currently articulated, are insufficient to state a claim. To 

properly state a claim, plaintiff’s complaint must contain “a short and plain statement of the 

claim showing that the pleader is entitled to relief.” FRCP 8(a)(2).

3 Because plaintiff’s 

allegations are insufficient to demonstrate “plausibility,” plaintiff’s complaint is DISMISSED 

with leave to amend. 

CONCLUSION

 2 Plaintiff contends that the telecommunication providers “track [him]” on his I-Phone. See Compl. 3–5, ECF No. 1. 3 For example, plaintiff could potentially assert a claim for “intrusion upon seclusion” as an “invasion of privacy” 

tort. Trout v. Umatilla Cnty. Sch. Dist. UH3-Milton-Freewater (McLoughlin Union High Sch.), 77 Or. App. 95, 99 

(1985). “A defendant is liable for intruding upon the seclusion of another ‘only when he has intruded into a private 

place, or has otherwise invaded a private seclusion that the plaintiff has thrown about his person or affairs.’” Id. at 

100 (quoting Restatement (Second) Torts § 625B (1977)).

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3 – OPINION AND ORDER

For these reasons, plaintiff’s motion to proceed in forma pauperis, ECF No. 2, is 

GRANTED, and plaintiff’s complaint, ECF No. 1, is DISMISSED with leave to amend. Plaintiff 

is allowed 30 days from the date of this order to file an amended complaint curing the 

deficiencies identified above. 

IT IS SO ORDERED.

DATED this 1st day of August, 2014.

___________s/Michael J. McShane_____________

Michael J. McShane

United States District Judge

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