Hellums v. Campbell et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT. The Report and Recommendation ECF No. 9 is ADOPTED in its entirety. The complaint, ECF No. 7, is DISMISSED with prejudice for failure to state a claim upon which relief may be gran ted under 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). Plaintiffs in forma pauperis status is revoked. Plaintiff Warned Re 28:USC 1915(g) - The court certifies any appeal of this dismissal would not be taken in good faith. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JOSHUA A. HELLUMS,
NO: 1:17-CV-3138-TOR
Plaintiff,

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ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT

v.
EDWARD CAMPBELL,
CHRISTOPHER MEQUET, SHANE
ANDERSON and BARBERA BARTZ,

1915(g)

Defendants.

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BEFORE THE COURT is Magistrate Judge Dimke’s Report and

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Recommendation to dismiss the complaint for failure to state a claim upon which

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relief may be granted. ECF No. 9. Plaintiff, a pretrial detainee at the Yakima County

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Jail, is proceeding pro se and in forma pauperis; Defendants have not been served.

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Plaintiff has filed no objections.

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By Order filed November 8, 2017, Plaintiff was advised of the deficiencies of

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his complaint and directed to amend or voluntarily dismiss within sixty (60) days.

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ECF No. 8. Specifically, Plaintiff failed to allege facts sufficient to show Defendant

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT --1

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Campbell was aware of constitutional violations or that any alleged violations were

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caused by a custom or policy he established. Taylor v. List, 880 F.2d 1040, 1045 (9th

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Cir. 1989); see also Ybarra v. Reno Thunderbird Mobile Home Vill., 723 F.2d 675,

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680 (9th Cir. 1984); Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (a supervisor

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can only be held liable for his or her own culpable action or inaction). Plaintiff also

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failed to state facts showing deliberately indifferent to his serious medical or mental

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health needs. Farmer v. Brennan, 511 U.S. 825, 837, 846 (1994).

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Although cautioned that failure to amend to state a claim upon which relief

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may be granted would result in the dismissal of the complaint and a “strike” under

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28 U.S.C. § 1915(g), Plaintiff did not amend and has filed nothing further in this

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action.

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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

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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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ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT --2

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Accordingly, IT IS HEREBY ORDERED:

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1. The Report and Recommendation, ECF No. 9, is ADOPTED in its entirety.

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2. The complaint, ECF No. 7, is DISMISSED with prejudice for failure to state

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a claim upon which relief may be granted under 28 U.S.C. §§ 1915(e)(2) and

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1915A(b)(1).

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3. Plaintiff’s in forma pauperis status is revoked.

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4. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this

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Order would not be taken in good faith.

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

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enter judgment, provide copies to Plaintiff at his last known address, and CLOSE

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the file. The Clerk of Court is further directed to forward a copy of this Order to

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the Office of the Attorney General of Washington, Corrections Division.

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DATED February 13, 2018.

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THOMAS O. RICE
Chief United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT --3