UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

TONY FRENCH, 

Plaintiff, 

v. 

CAPTAIN TURNER, 

et al., 

Defendants. 

CLARKE, Magistrate Judge. 

2:15-cv-02431-CL 

2:15-cv-02432-CL 

2:15-cv-02433-CL 

2:15-cv-02435-CL 

2:15-cv-02436-CL 

FINDINGS AND 

RECOMMENDATION 

By Order entered January 11, 2016, each of the above 

caption complaints was dismissed for failure to comply with 

the minimal pleading requirements of the federal rules and 

failure to state a claim. The minimal pleading standards of 

the federal rules were set forth in the court's order in 

detail. 

1 - FINDINGS AND RECOMMENDATION 

Case 2:15-cv-02433-CL Document 7 Filed 05/11/16 Page 1 of 4
Plaintiff was allowed 30 days to file amended complaints 

consistent with the pleading requirements explained in the 

court's order. 

Plaintiff has filed amended complaints as directed by the 

court. However, plaintiff's amended complaints fail to 

correct the deficiencies that led to the dismissal of the 

original complaints. 

For the most part, plaintiff's amended complaints are 

illegible. However, in 2:15-cv-2431-CL the court is able to 

discern an allegation that a corrections officer threatened 

him and "slammed the razor mirror against the door in a 

threatening manner to assault me. 11 Plaintiff's other claims 

also appear to be based on allegations that defendants made 

verbal comments to him and "slapped11 or "banged11 his cell 

door. 

The United States Constitution does not impose liability 

for verbal harassment. Oltarzewski v. Ruggiero, 830 F.2d 136, 

139 (9~ Cir. 1987); Guat v. Sunn, 810 F.2d 923, 925 (9~ Cir. 

1987). In the Ninth Circuit, the PLRA "requires a prior 

showing of physical injury that need not be significant but 

must be more than de minimis. 

In this case, plaintiff does not allege any physical 

injury and his claims appear to be based on mere verbal 

harassment - which fails to state a constitutional claim as a 

2 - FINDINGS AND RECOMMENDATION 

Case 2:15-cv-02433-CL Document 7 Filed 05/11/16 Page 2 of 4
matter of law. 

Based on the foregoing, all of the above captioned cases 

should be dismissed as frivolous and for failure to state a 

claim. The Clerk is directed to enter a copy of this Findings 

and Recommendation in each case. 

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. The parties shall have 

fourteen (14) days from the date of service of a copy of this 

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. 

Any appeal form an order adopting this Findings and 

Recommendation or judgment dismissing this case would be 

3 - FINDINGS AND RECOMMENDATION 

Case 2:15-cv-02433-CL Document 7 Filed 05/11/16 Page 3 of 4
frivolous and not taken in good faith. Therefore, plaintiff's 

in forma pauperis status should be revoked. 

DATED this . V~day of 

Mar e 

United States Magistrate Judge 

4 - FINDINGS AND RECOMMENDATION 

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