Toycen v. Yakima Municipal Court et al

Filing 19

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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1 2 3 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON May 03, 2017 SEAN F. MCAVOY, CLERK 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 5 6 BILLY EDWARD TOYCEN, NO: 1:16-CV-3187-SMJ 7 Plaintiff, 8 ORDER DISMISSING COMPLAINT v. 9 10 11 CITY OF YAKIMA MUNICIPAL COURT, YAKIMA COUNTY, BENTON COUNTY, WASHINGTON STATE, UNITED STATES OF AMERICA, 1915(g) 12 Defendants. 13 14 By Order filed January 3, 2017, the Court advised Plaintiff of the 15 deficiencies of his complaint and directed him to amend or voluntarily dismiss 16 within sixty (60) days. Plaintiff was granted additional time to amend or 17 voluntarily dismiss on March 29, 2017. 18 19 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 20 ORDER DISMISSING COMPLAINT -- 1 1 the custody of the Department of Corrections. He is proceeding in forma pauperis; 2 Defendants have not been served in this action. 3 Liberally construing the complaint, the Court was unable to discern a 4 cognizable claim for relief. He requests: “Reimburste me, lawyer . . . give me 5 attorney lawyer I diserves case money I’m looking at Power of Attorney for my 6 self [,] my soveriegnty. Me being welp sense 1978 born from bible Holy Spirit on 7 3-29-2016 B-16-4 floor 7:00 p.m. They tried taking my life. (Also 1-22-2016 B- 8 14-4 floor officer Rasmessen) Me as Emperior of American Birthright 33 years 9 Monson Bank of America credit line for the past 32 years/personal property.” ECF 10 11 No. 10 at 4. Although granted the opportunity to do so, Plaintiff has failed to amend his 12 complaint to state a claim upon which relief may be granted. Therefore, for the 13 reasons set forth above and in the Order to Amend or Voluntarily Dismiss, IT IS 14 ORDERED complaint is DISMISSED without prejudice pursuant to 28 U.S.C. 15 §§ 1915A(b)(1),(2) and 1915(e)(2). 16 Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, a prisoner who 17 brings three or more civil actions or appeals which are dismissed as frivolous or for 18 failure to state a claim will be precluded from bringing any other civil action or 19 appeal in forma pauperis “unless the prisoner is under imminent danger of serious 20 physical injury.” 28 U.S.C. § 1915(g). Plaintiff is advised to read the statutory ORDER DISMISSING COMPLAINT -- 2 1 provisions under 28 U.S.C. § 1915. This dismissal of Plaintiff’s complaint may 2 count as one of the three dismissals allowed by 28 U.S.C. § 1915(g) and may 3 adversely affect his ability to file future claims. 4 IT IS SO ORDERED. The District Court Executive is directed to enter this 5 Order, enter Judgment, forward copies to Plaintiff at his last known address, and 6 CLOSE the file. The District Court Executive is further directed to forward a 7 copy of this Order to the Office of the Attorney General of Washington, 8 Corrections Division. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that 9 any appeal of this Order would not be taken in good faith and would lack any 10 11 arguable basis in law or fact. DATED this 3rd day of May 2017. 12 13 __________________________ SALVADOR MENDOZA, JR. United States District Judge 14 15 16 17 18 19 20 ORDER DISMISSING COMPLAINT -- 3

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