Toycen v. Yakima Municipal Court et al
Filing
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ORDER DISMISSING COMPLAINT - 1915(g) - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy) **3 PAGE(S), PRINT ALL** (Billy Toycen, Prisoner ID: 84516)
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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
May 03, 2017
SEAN F. MCAVOY, CLERK
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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BILLY EDWARD TOYCEN,
NO: 1:16-CV-3187-SMJ
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Plaintiff,
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ORDER DISMISSING
COMPLAINT
v.
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CITY OF YAKIMA MUNICIPAL
COURT, YAKIMA COUNTY,
BENTON COUNTY, WASHINGTON
STATE, UNITED STATES OF
AMERICA,
1915(g)
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Defendants.
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By Order filed January 3, 2017, the Court advised Plaintiff of the
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deficiencies of his complaint and directed him to amend or voluntarily dismiss
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within sixty (60) days. Plaintiff was granted additional time to amend or
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voluntarily dismiss on March 29, 2017.
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Plaintiff had initiated this pro se civil rights complaint pursuant to 42 U.S.C.
§ 1983, while incarcerated at the Yakima County Jail. He was later transferred to
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ORDER DISMISSING COMPLAINT -- 1
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the custody of the Department of Corrections. He is proceeding in forma pauperis;
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Defendants have not been served in this action.
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Liberally construing the complaint, the Court was unable to discern a
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cognizable claim for relief. He requests: “Reimburste me, lawyer . . . give me
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attorney lawyer I diserves case money I’m looking at Power of Attorney for my
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self [,] my soveriegnty. Me being welp sense 1978 born from bible Holy Spirit on
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3-29-2016 B-16-4 floor 7:00 p.m. They tried taking my life. (Also 1-22-2016 B-
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14-4 floor officer Rasmessen) Me as Emperior of American Birthright 33 years
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Monson Bank of America credit line for the past 32 years/personal property.” ECF
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No. 10 at 4.
Although granted the opportunity to do so, Plaintiff has failed to amend his
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complaint to state a claim upon which relief may be granted. Therefore, for the
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reasons set forth above and in the Order to Amend or Voluntarily Dismiss, IT IS
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ORDERED complaint is DISMISSED without prejudice pursuant to 28 U.S.C.
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§§ 1915A(b)(1),(2) and 1915(e)(2).
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Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, a prisoner who
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brings three or more civil actions or appeals which are dismissed as frivolous or for
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failure to state a claim will be precluded from bringing any other civil action or
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appeal in forma pauperis “unless the prisoner is under imminent danger of serious
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physical injury.” 28 U.S.C. § 1915(g). Plaintiff is advised to read the statutory
ORDER DISMISSING COMPLAINT -- 2
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provisions under 28 U.S.C. § 1915. This dismissal of Plaintiff’s complaint may
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count as one of the three dismissals allowed by 28 U.S.C. § 1915(g) and may
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adversely affect his ability to file future claims.
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IT IS SO ORDERED. The District Court Executive is directed to enter this
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Order, enter Judgment, forward copies to Plaintiff at his last known address, and
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CLOSE the file. The District Court Executive is further directed to forward a
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copy of this Order to the Office of the Attorney General of Washington,
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Corrections Division. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that
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any appeal of this Order would not be taken in good faith and would lack any
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arguable basis in law or fact.
DATED this 3rd day of May 2017.
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__________________________
SALVADOR MENDOZA, JR.
United States District Judge
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ORDER DISMISSING COMPLAINT -- 3
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