Okuda v. Legal Aid of Oregon et al, No. 3:2013cv01586 - Document 7 (D. Or. 2013)

Court Description: OPINION & ORDER: Plaintiff's complaint is dismissed for failure to state a claim. Because it is clear that Plaintiff cannot cure the deficiencies in the complaint by amendment, the dismissal is with prejudice. Ordered by Judge Marco A. Hernandez. (mr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON AARON YOSHIHITO OKUDA and M.M.O., a minor, No. 3:13-cv-01586-HZ Plaintiffs, OPINION & ORDER v. LEGAL AID OF OREGON and CATHLEEN CALLAHAN, Defendants. Aaron Yoshihito Okuda, Pro Se 512 SW Maplecrest Dr. Portland, OR 97219 /// /// /// /// /// 1 - OPINION & ORDER HERNANDEZ, District Judge: Plaintiff Aaron Okuda moves to proceed in forma pauperis and for appointment of counsel. Because this court lacks subject matter jurisdiction, I dismiss the complaint for failure to state a claim. BACKGROUND Plaintiff Okuda 1 filed a complaint against Defendants Legal Aid of Oregon and Cathleen Callahan, the attorney representing Okuda s ex-wife. Compl. 4. Plaintiff s complaint is an 11page narrative with 118 pages of exhibits regarding a custody dispute over M.M.O., his minor daughter. Plaintiff alleges that his ex-wife and her attorney interfere with his parenting time with M.M.O. by harassing him and making false statements about him. Compl. 3. Plaintiff also alleges breach of a parenting agreement. Id. Plaintiff seeks injunctive relief to enjoin the alleged interference and damages of $3 million. DISCUSSION Federal Civil Procedure Rule 12(h)(3) provides that [i]f the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. Fed. R. Civ. P. 12(h)(3); Scholastic Entm t, Inc. v. Fox Entm t Group, Inc., 336 F.3d 982, 985 (9th Cir. 2003) (citing Cal. Diversified Promotions, Inc. v. Musick, 505 F.2d 278, 280 (9th Cir. 1974) ( It has long been held that a judge can dismiss sua sponte for lack of jurisdiction )). Plaintiff s allegations involve a custody dispute that Plaintiff has with his ex-wife over their minor daughter. This court has no jurisdiction to resolve such disputes. Furthermore, there is a pending state court case in Columbia County regarding the custody dispute. Plaintiff has 1 Plaintiff M.M.O. is Okuda s minor daughter. Although M.M.O. is named as a plaintiff, the complaint and pending motions have been filed only by Okuda. 2 - OPINION & ORDER failed to state a claim upon which relief may be granted and thus, sua sponte dismissal is appropriate. CONCLUSION Based on the reasons above, Plaintiff s complaint is dismissed for failure to state a claim. Because it is clear that Plaintiff cannot cure the deficiencies in the complaint by amendment, the dismissal is with prejudice. IT IS SO ORDERED. Dated this _________ day of September, 2013. ______________________________ MARCO HERNANDEZ United States District Judge 3 - OPINION & ORDER

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