UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

TIMOTHY MAGUIRE HATFIELD, 

Plaintiff, 

v. 

KLAMATH COUNTY BOARD, 

OF SUPERVISORS, et al., 

Defendants 

CLARKE, Magistrate Judge. 

1:15-cv-01993-CL 

FINDINGS AND 

RECOMMENDATION 

Plaintiff 1 s Application to proceed in forma pauperis is 

allowed. However, for the reasons set forth below, plaintiff 1 s 

complaint should be dismissed sua sponte on the grounds that it 

fails to state a claim and is legally frivolous. See, 28 U.S.C § 

1915 (d) . 

BACKGROUND 

Plaintiff, pro se, filed a complaint captioned 11 Unlawful 

imprisonment /Discrimination of a Disabled person and Veteran I 

1 - FINDINGS AND RECOMMENDATION D 

Case 1:15-cv-01993-CL Document 4 Filed 11/18/15 Page 1 of 4
Refusal to enforcement of a Lawful Court order Stocking protective 

order. 11 Plaintiff's allegations concern the alleged conduct of 

law enforcement officers in Klamath County. Plaintiff's factual 

allegations are unclear, but he apparently alleges that law 

enforcement officers allow certain individuals to break the law 

and 11 terrorize 11 plaintiff. 

STANDARDS 

A complaint filed in forma pauperis may be dismissed before 

service of process if it is deemed frivolous under 28 U.S.C. § 

1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989); Jackson 

v. State of Ariz., 885 F.2d 639, 640 (9th Cir. 1989). A complaint 

is frivolous 11 where it lacks an arguable basis in law or in fact. 11 

Nietzke, 490 U.S. at 325; Lopez v. Dept. of Health Services, 939 

F.2d 881, 882 (9th Cir. 1991); Jackson, 885 F.2d at 640. The term 

'' 'frivolous' embraces not only the inarguable legal 

conclusion, but also the fanciful factual allegation.'' Neitzke, 

490 U.S. at 325 (footnote omitted); McKeever v. Block, 932 F.2d 

795, 798 (9th Cir. 1991); Jackson, 885 F.2d at 640. 

Accordingly, in reviewing a complaint for frivolity, a trial 

court may 11 pierce.the veil of the complaint's factual allegations 

and dismiss those claims whose factual contentions are clearly 

baseless. 11 Neitzke, 490 U.S. at 327. In so doing, the assessment 

of the factual allegations must be weighted in favor of the 

plaintiff. Denton v. Hernandez, 112 S.Ct. 1728, 1733 (1992). 

2 - FINDINGS AND RECOMMENDATION D 

Case 1:15-cv-01993-CL Document 4 Filed 11/18/15 Page 2 of 4
"Baseless" claims subject to sua sponte dismissal include 

those "describing fantastic or delusional scenarios." Neitzke, 

490 U.S. at 328; Denton, 112 S.Ct. at 1733; McKeever, 932 F.2d at 

798. "[A] finding of factual frivolousness is appropriate when 

the facts alleged rise to the level of the irrational or the 

wholly incredible." Denton, 112 S.Ct. at 1733. 

DISCUSSION 

This court finds that the factual allegations in the instant 

case are irrational and wholly incredible. Regardless of how 

liberally the complaint is construed, plaintiff's complaint fails 

to state a cognizable claim. Accordingly, the complaint should be 

dismissed. 

CONCLUSION 

Based on the foregoing, plaintiff's complaint should be 

dismissed. Because it is apparent that the deficiencies of the 

complaint cannot be cured by amendment, the dismissal is with 

prejudice. The Clerk of the Court should be directed to enter an 

judgment dismissing this case with prejudice. 

This recommendation is not an order that is immediately 

appealable to the Ninth Circuit Court of Appeals. Any notice of 

appeal pursuant to Rule 4 (a) ( 1) , Federal Rules of Appellate 

Procedure, should not be filed until entry of the district court's 

judgment or appealable order. 

(14) days from the date of 

The parties shall have fourteen 

service of a copy of this 

3 - FINDINGS AND RECOMMENDATION D 

Case 1:15-cv-01993-CL Document 4 Filed 11/18/15 Page 3 of 4
recommendation within which to file specific written objections 

with the court. Thereafter, the parties have fourteen (14) days 

within which to file a response to the objections. Failure to 

timely file objections to any factual determinations of the 

Magistrate Judge will be considered a waiver of a party's right to 

de novo consideration of the factual issues and will constitute a 

waiver of a party's right to appellate review of the findings of 

fact in an order or judgment entered pursuant to the Magistrate 

Judge's recommendation. 

DATED this I e 

Mark D. Clarke 

United States Magistrate Judge 

4 - FINDINGS AND RECOMMENDATION D 

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