Reevis v. Spokane County Detention Services et al

Filing 14

ORDER DISMISSING ACTION - This action is DISMISSED without prejudice for lack of subject matter jurisdiction. The court certifies any appeal of this dismissal would not be taken in good faith. Case is CLOSED. Signed by Judge Rosanna Malouf Peterson. (LMR, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jul 14, 2021

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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CHARLES JOSEPH REEVIS,

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Plaintiff,
v.

NO: 2:21-CV-00050-RMP
ORDER DISMISSING ACTION

SPOKANE COUNTY DETENTION
SERVICES, US DISTRICT COURT
EASTERN WASHINGTON, US
DEPARTMENT OF JUSTICE
DIRECTOR FBI MISCONDUCT
DIVISION, SPOKANE COUNTY
SUPERIOR COURTS, STATE OF
WASHINGTON DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
BEHAVIORAL HEALTH
ADMINISTRATION EASTERN
STATE HOSPITAL,
Defendants.
By Order filed May 18, 2021, the Court granted Plaintiff Charles Joseph

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Reevis thirty days to voluntarily dismiss this action. ECF No. 11. The Court

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found that Mr. Reevis’s pro se submission, five two-page Standard Form 95 (“SF

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95s”), filed while he was incarcerated at the Spokane County Corrections Center,

ORDER DISMISSING ACTION -- 1

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did not support a federal tort claim. Id. at 4–5. Consequently, Plaintiff’s claims

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were subject to dismissal for lack of subject matter jurisdiction. See McNeil v.

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United States, 508 U.S. 106, 110, 113 (1993).

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Plaintiff is currently housed at Comprehensive Health Care - Yakima

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Competency Restoration, and is proceeding in forma pauperis, but without the

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obligation to pay the $350.00 filing fee for this action. ECF No. 10. Plaintiff did

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not avail himself of the opportunity to voluntarily dismiss this action.

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Accordingly, IT IS ORDERED:

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1. This action is DISMISSED without prejudice for lack of subject matter

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jurisdiction.
2. Based on the Court’s reading of Hoffmann v. Pulido, 928 F.3d 1147,

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1152 (9th Cir. 2019), this dismissal will NOT count as a “strike” under

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28 U.S.C. § 1915(g).

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3. This case is DISMISSED and CLOSED.

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4. Judgment of dismissal without prejudice shall be entered for Defendants.

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IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter

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this Order, enter judgment, provide a copy to Plaintiff and CLOSE the file. The

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Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order

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would not be taken in good faith and would lack any arguable basis in law or fact.

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DATED July 14, 2021.

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ORDER DISMISSING ACTION -- 2

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