Cain v. Knezovich et al

Filing 10

ORDER DISMISSING COMPLAINT without prejudice - The court certifies any appeal of this dismissal would not be taken in good faith. FILE CLOSED. Signed by Judge Rosanna Malouf Peterson. (TR, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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CHRISTOPHER ALLEN CAIN,
NO: 2:16-CV-423-RMP
Plaintiff,

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ORDER DISMISSING COMPLAINT
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v.

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OZZIE KNEZOVICH, LAWRENCE
HASKEL, ANNETTE S. PLESE,
KHQ 6, STEVEN W. MARSALIS,
THOMAS N. TREPPIEDI,
WILLIAM H. GRANT, TIMOTHY
W. FITZGERALD and MICHAEL
MORRISON,

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Defendants.

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By Order filed February 22, 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. ECF No. 8. Plaintiff, a pro se prisoner proceeding in forma

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pauperis, initiated this action while housed at the Spokane County Jail. He was

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subsequently moved to the Sunnyside Corrections Center and mail was forwarded

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ORDER DISMISSING COMPLAINT -- 1

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to him at that address. Plaintiff did not comply with the Court’s directive and has

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filed nothing further in this action.

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Plaintiff sought unspecified injunctive relief and monetary damages,

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claiming he was subjected to defamation/cruel unusual punishment, denial of

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access to the courts, violation of due process, libel and slander, emotional distress,

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denial of a fair trial, conspiracy, and supervisor liability. Plaintiff did not provide

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factual support for his allegations.

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For the reasons set forth in the Court’s prior Order, IT IS ORDERED the
complaint is DISMISSED without prejudice to Plaintiff challenging his state
criminal proceedings in appropriate state court and habeas proceedings.

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

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enter judgment, forward copies to Plaintiff, and close the file. The Court certifies

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any appeal of this dismissal would not be taken in good faith.

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DATED September 26, 2017.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER DISMISSING COMPLAINT -- 2