Morley v. Spokane County Detention Services et al

Filing 9

ORDER DISMISSING CASE. 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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SHANNON BRUCE MORLEY
NO: 2:17-CV-0317-TOR
Plaintiff,

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ORDER DISMISSING ACTION
v.
SPOKANE COUNTY DETENTION
SERVICES and SPOKANE COUNTY
DETENTION MEDICAL DEPT.,
Defendants.

By Order filed November 30, 2017, the Court directed Plaintiff, then a
prisoner at the Spokane County Jail, to show cause why he should be granted in
forma pauperis status. ECF No. 6. In the alternative, Plaintiff was directed to pay
the $400.00 fee to commence this action as required by 28 U.S.C. § 1914.
Plaintiff has filed three or more prior actions which were dismissed as
frivolous, malicious or for failure to state a claim. See Morley v. Thomas et al., 2:02-

ORDER DISMISSING ACTION -- 1

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CV-0310-CI; Morley v. Spokane County Jail et al., 2:04-CV-5047-LRS; and Morley

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v. Department of Corrections et al., 2:04-CV-5092-LRS. Therefore, he lost the

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privilege of filing additional suits in forma pauperis unless he could demonstrate

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that he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g);

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Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Plaintiff did not make

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this showing.

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Although advised of his obligation to do so, ECF No. 5, Plaintiff has not kept

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the Court informed of his current address. Documents sent to Plaintiff have been

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returned as undeliverable, ECF Nos. 7 and 8. The Court has attempted but has been

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unable to locate a current address for Plaintiff, and must assume Plaintiff has chosen

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to abandon this action.

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Therefore, IT IS ORDERED this action is DISMISSED without prejudice

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for failure to pay the statutory filing fee to commence this action as required by 28

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U.S.C. § 1914.

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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 a last known address, and close the file.

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

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DATED January 16, 2018.

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THOMAS O. RICE
Chief United States District Judge

ORDER DISMISSING ACTION -- 2