Ensminger v. County of Spokane et al

Filing 11

ORDER DISMISSING CASE WITHOUT PREJUDICE. The Court certifies any appeal of this dismissal would not be taken in good faith. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JOHN ENSMINGER,
NO: 1:17-CV-0020-TOR

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Plaintiff,
ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
COUNTY OF SPOKANE, SPOKANE
COUNTY DEPARTMENT OF
CORRECTIONS, SPOKANE
COUNTY COMMISSIONERS,
NANCY McLAUGHLIN, SHELLY
O’QUINN, AL FRENCH, JOHN
McGRATH and LT SPARBER,
Defendants.

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Plaintiff is proceeding pro se and in forma pauperis. See ECF No. 7. On

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March 17, 2017, Plaintiff was ordered to file an Amended Complaint within 60

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days. ECF No. 9. Plaintiff was cautioned that his failure to amend within 60 days

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would result in the dismissal of this case. ECF No. 9 at 15. Although granted the

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opportunity to do so, Plaintiff has now failed to amend his complaint to include

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sufficient facts to establish federal subject-matter jurisdiction. See Broughton v.

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980) (citations omitted).
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

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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 June 1, 2017.

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THOMAS O. RICE
Chief United States District Judge

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 3

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MOTION TO VOLUNTARILY DISMISS COMPLAINT ~ 1