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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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jul 14, 2021 4 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 CHARLES JOSEPH REEVIS, 8 9 10 11 12 13 14 15 16 17 18 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 19 Reevis thirty days to voluntarily dismiss this action. ECF No. 11. The Court 20 found that Mr. Reevis’s pro se submission, five two-page Standard Form 95 (“SF 21 95s”), filed while he was incarcerated at the Spokane County Corrections Center, ORDER DISMISSING ACTION -- 1 1 did not support a federal tort claim. Id. at 4–5. Consequently, Plaintiff’s claims 2 were subject to dismissal for lack of subject matter jurisdiction. See McNeil v. 3 United States, 508 U.S. 106, 110, 113 (1993). 4 Plaintiff is currently housed at Comprehensive Health Care - Yakima 5 Competency Restoration, and is proceeding in forma pauperis, but without the 6 obligation to pay the $350.00 filing fee for this action. ECF No. 10. Plaintiff did 7 not avail himself of the opportunity to voluntarily dismiss this action. 8 Accordingly, IT IS ORDERED: 9 1. This action is DISMISSED without prejudice for lack of subject matter 10 11 jurisdiction. 2. Based on the Court’s reading of Hoffmann v. Pulido, 928 F.3d 1147, 12 1152 (9th Cir. 2019), this dismissal will NOT count as a “strike” under 13 28 U.S.C. § 1915(g). 14 3. This case is DISMISSED and CLOSED. 15 4. Judgment of dismissal without prejudice shall be entered for Defendants. 16 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter 17 this Order, enter judgment, provide a copy to Plaintiff and CLOSE the file. The 18 Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order 19 would not be taken in good faith and would lack any arguable basis in law or fact. 20 DATED July 14, 2021. 21 ORDER DISMISSING ACTION -- 2 s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON United States District Judge

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