Gardner v. State of WA

Opinion

1 2

3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6

7 KIER KEAND’E GARDNER, NO: 4:19-CV-5148-TOR 8 Plaintiff, ORDER DISMISSING COMPLAINT 9 v. 1915(g) 10 STATE OF WASHINGTON,

11 Defendant.

13 By Order filed August 9, 2019, the Court granted Plaintiff, a prisoner at the 14 Washington State Penitentiary, the opportunity to voluntarily dismiss his pro se civil 15 rights complaint within thirty days. ECF No. 11. Plaintiff’s complaint in which he 16 sought a legal name change failed to state a claim upon which relief may be granted 17 in this Court. Id. 18 Plaintiff did not avail himself of the opportunity to voluntarily dismiss this 19 action. Because it is absolutely clear that no amendment will cure the deficiencies 20 of Plaintiff’s complaint, Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987), 1 superseded by statute, 28 U.S.C. § 1915(e)(2), as recognized in Aktar v. Mesa, 698 2 F.3d 1202, 1212 (9th Cir. 2012), IT IS ORDERED the complaint, ECF No. 1, is

3 DISMISSED with prejudice for failure to state a claim upon which relief may be 4 granted. 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). 5 Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, a prisoner who

6 brings three or more civil actions or appeals which are dismissed as frivolous or for 7 failure to state a claim will be precluded from bringing any other civil action or 8 appeal in forma pauperis “unless the prisoner is under imminent danger of serious 9 physical injury.” 28 U.S.C. § 1915(g). Plaintiff is advised to read the statutory

10 provisions under 28 U.S.C. § 1915. This dismissal of Plaintiff's complaint may 11 count as one of the three dismissals allowed by 28 U.S.C. § 1915(g) and may 12 adversely affect his ability to file future claims.

13 Accordingly, IT IS HEREBY ORDERED: 14 1. The complaint, ECF No. 1, is DISMISSED with prejudice for failure to state 15 a claim upon which relief may be granted under 28 U.S.C. §§ 1915(e)(2) and 16 1915A(b)(1).

17 2. Plaintiff’s in forma pauperis status is revoked. 18 3. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this 19 Order would not be taken in good faith.

20 // 1 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 2|| enter judgment, provide copies to Plaintiff at his last known address, and CLOSE 3|| the file. The Clerk of Court is further directed to forward a copy of this Order to 4|| the Office of the Attorney General of Washington, Corrections Division. 5 DATED September 16, 2019. | Cm. 7. 08; Gras» Chief United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20