Goodin v. Bahder

Filing 9

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). Plaintiffs in forma pauperis status is REVOKED. 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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ELLIOT D. GOODIN,
NO. 2:18-CV-0095-TOR
Plaintiff,

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ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.
DR. GREGORY BAHDER,

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Defendant.

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BEFORE THE COURT is Plaintiff’s failure to file an Amended Complaint

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(or voluntarily dismiss this case) within 60-days of this Court’s Order dated June 6,

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2018. ECF No. 7. The Court has reviewed the record and files herein, and is fully

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informed.

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Plaintiff, a patient at Eastern State Hospital, is proceeding pro se and in

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forma pauperis. See ECF No. 7. Plaintiff filed his Complaint on March 21, 2018.

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ECF No. 2, 8. On June 6, 2018, the Court screened Plaintiff’s Complaint for legal

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sufficiency pursuant to 28 U.S.C. § 1915(e). ECF No. 7. Because Plaintiff did not

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allege sufficient facts to state a claim for relief, this Court dismissed Plaintiff’s

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Complaint without prejudice and with leave to amend. Id. The Court instructed

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Plaintiff that he may file an Amended Complaint within sixty (60) days of the date

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of the Order or file the attached Motion to Voluntarily Dismiss within sixty (60

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days). Id. The Court cautioned Plaintiff that if he failed to file within sixty days,

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the Court would dismiss the entire case for failure to state a claim under 28 U.S.C.

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§ 1915(e)(2). Id. Plaintiff failed to timely respond in any manner.

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Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma
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 August 9, 2018.

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THOMAS O. RICE
Chief United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 3