Goodin v. Eastern State Hospital

Opinion

1 2

3 4 EASTERN DISTRICT OF WASHINGTON 6

NO. 2:20-CV-0478-TOR 8 Plaintiff, ORDER DISMISSING CASE 9 v.

11 Defendant.

12 BEFORE THE COURT is Plaintiff’s failure to amend his inadequate 13 Complaint. See ECF No. 5. The Court has reviewed the record and files herein, 14 and is fully informed. 15 Plaintiff, a patient at Eastern State Hospital, is proceeding pro se and in 16 forma pauperis. Plaintiff filed a Complaint on December 28, 2020. ECF No. 1. 17 On January 29, 2021, the Court screened Plaintiff’s Complaint for legal sufficiency 18 pursuant to 28 U.S.C. § 1915(e). ECF No. 5. The Court dismissed Defendant 19 Eastern State Hospital with prejudice and Plaintiff’s Complaint without prejudice. 20 Id. The Court granted Plaintiff an opportunity to file an amended complaint within 1 || 60 days of the Court’s order. Jd. Plaintiff failed to timely amend his inadequate 2 || Complaint. 3 Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma 4|| pauperis if the trial court certifies in writing that it is not taken in good faith.” The good faith standard is an objective one, and good faith is demonstrated when an individual “seeks appellate review of any issue not frivolous.” See Coppedge v. 7\| United States, 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915, an 8|| appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). 10 The Court finds that any appeal of this Order would not be taken in good faith and would lack any arguable basis in law or fact. ACCORDINGLY, IT IS HEREBY ORDERED: 13 1. This case is DISMISSED without prejudice for failure to state a claim 14 under 28 U.S.C. § 1915(e)(2)(B). 15 2. Plaintiff's in forma pauperis status is REVOKED. 16 The District Court Executive is directed to enter this Order, enter judgment of dismissal without prejudice, forward a copy to Plaintiff, and CLOSE the file. 18 DATED March 31, 2021. 19 a yy A / PA. a Miwa, 0. Kies 20 on Xe THOMAS O. RICE <> United States District Judge