Wallin v. Groom et al

Filing 7

ORDER OF DISMISSAL WITHOUT PREJUDICE. Plaintiffs Complaint is DISMISSED without prejudice for failure to state a claim under 28 U.S.C. §1915(e)(2)(B).The Court finds that any appeal of this Order would not be taken in good faith. Plaintiffs in forma pauperis status is REVOKED. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JESSE D. WALLIN, SR.,
NO: 13-CV-0074-TOR
Plaintiff,

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v.

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ORDER OF DISMISSAL WITHOUT
PREJUDICE

STEVE GROOM, et al.,
Defendants.

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On June 27, 2013, Plaintiff was ordered to file, within 60 days, an Amended

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Complaint or voluntarily dismiss the Complaint. Plaintiff is proceeding pro se and

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in forma pauperis.

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Plaintiff was cautioned that his failure to amend or voluntarily dismiss

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within 60 days would result in the dismissal of this case. Although granted the

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opportunity to do so, Plaintiff has now failed to amend or voluntarily dismiss this

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action.

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ORDER OF DISMISSAL WITHOUT PREJUDICE -- 1

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Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma

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pauperis if the trial court certifies in writing that it is not taken in good faith.” The

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good faith standard is an objective one, and good faith is demonstrated when an

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individual “seeks appellate review of any issue not frivolous.” See Coppedge v.

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United States, 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915, an

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appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams,

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490 U.S. 319, 325 (1989).

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The Court finds that any appeal of this Order would not be taken in good
faith and would lack any arguable basis in law or fact. Accordingly, the Court

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hereby revokes Plaintiff’s in forma pauperis status.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Plaintiff’s Complaint is DISMISSED without prejudice for failure to
state a claim under 28 U.S.C. §1915(e)(2)(B).

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2. Plaintiff’s in forma pauperis status is REVOKED.

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The District Court Executive is directed to enter this Order, enter judgment

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of dismissal without prejudice, forward a copy to Plaintiff, and CLOSE the file.
DATED October 22, 2013.

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE -- 2