Note: This Motion to Dismiss is as received from the Federal District Court of Oregon via the court's CM/ECF system with the text translated via OCR and the formatting adjusted for a web page. You can also see the actual filed document (pdf format).

The Washington Brief and Oregon Brief are also available on line with the record in each case. These is also a page with an overview of what happened and links to the sections describing events as they occurred.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries (signatures) are shown in italics and underlined.

HARDY MYERS
Attorney General
JOSEPH G. GROSHONG #04010
Assistant Attorney General
Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
Telephone: (503) 947-4700
Fax: (503) 947-4791
Email: joseph.g.groshong@ doj.state.or.us

Attorneys for Defendants State of Oregon and Hardy Myers

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

BRIAN P. CARR,

Plaintiff,

v.

THE STATE OF OREGON through Hardy Myers in his official capacity as Attorney General of the State of Oregon; and THE CITY OF PORTLAND through Linda Meng in her official capacity as City Attorney of the City of Portland,

Defendants.

Case No. 3:08-cv-0398-HA

STATE DEFENDANTS' MOTION TO DISMISS

State Defendants counsel conferred with plaintiffpro se by telephone, and the parties were unable to resolve their dispute regarding the substance of this motion.

Pursuant to Fed. R. Civ. Pro. 12(b)(1) and (6), defendants State of Oregon and Hardy Myers hereby move to dismiss plaintiff s claims against them because:

(1) The claims against the State are barred by the Rooker-Feldman doctrine, and the court therefore lacks jurisdiction; and


Page 1 - STATE DEFENDANTS' MOTION TO DISMISS
JGG/ebh/TRlV2962.DOC

Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
(503) 947-4700 / Fax: (503) 947-4791


(2) Plaintiff has failed to state any valid claim against either State defendant.

This memorandum is supported by the accompanying Memorandum in Support of Motion to Dismiss and the record and file herein.

DATED this 3 day of June, 2008,

Respectfully submitted,

JOSEPH G. GROSHONG #04010
Assistant Attorney General
Trial Attorney
Tel (503) 947-4700
Fax (503) 947-4791
joseph.g.groshong@doj.state.or.us
Of Attorneys for State Defendants


Page 8 - STATE DEFENDANTS' MOTION TO DISMISS
JGG/ebh/TRlV2962.DOC

Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
(503) 947-4700 / Fax: (503) 947-4791


CERTIFICATE OF SERVICE

I certify that on June   3 ,2008, I served the foregoing STATE DEFENDANT'S MOTION TO DISMISS upon the parties hereto by the method indicated below, and addressed to the following:

Brian Carr
11301 NE 7th Street, Apt J5
Vancouver, WA 98684
(503) 545-8357
    Plaintiff Pro Se

 ___
___
___
___
___
_X_
 HAND DELIVERY
MAIL DELIVERY
OVERNIGHT MAIL
TELECOPY (FAX)
E-MAIL brian@brian.carr.name
E-FILE
Tracy Pool Reeve
City Attorney's Office
1221 SW 4th Ave Ste 430
Portland OR 97204
    Of Attorneys for Linda Meng and the
    City of Portland 		___
___
___
___
___
_X_
 HAND DELIVERY
MAIL DELIVERY
OVERNIGHT MAIL
TELECOPY (FAX)
E-MAIL treeve@ci.portland.or.us
E-FILE
J G G
JOSEPH G. GROSHONG #04010
Assistant Attorney General
Trial Attorney
Tel (503) 947-4700
Fax (503) 947-4791
joseph.g.groshong@doj.state.or.us
Of Attorneys for State Defendants



Page 1 - CERTIFICATE OF SERVICE
JGG/cbh/TRIU7731

Department of Justice
1162 Court Street NE
Salem, OR 97301-4096
(503) 947-4700 / Fax: (503) 947-4791


This page was last updated on September 7, 2008.