Goodin v. Eke

Opinion

1 2

3 4 EASTERN DISTRICT OF WASHINGTON 6

NO. 2:23-CV-0022-TOR 8 Plaintiff, ORDER OF DISMISSAL WITHOUT 9 v. PREJUDICE

11 Defendant. 12

13 BEFORE THE COURT is Plaintiff’s failure to file an Amended Complaint 14 (or voluntarily dismiss this case) within 60-days of this Court’s Order dated May 1, 15 2023. ECF No. 8. The Court has reviewed the record and files herein and is fully 16 informed. 17 Plaintiff, a patient at Eastern State Hospital, is proceeding pro se and in 18 forma pauperis. See ECF No. 4. Plaintiff filed his Complaint on January 27, 19 2023. ECF No. 1. On February 15, and May 1, 2023, the Court screened 20 Plaintiff’s Complaint and Amended Complaint for legal sufficiency pursuant to 28 1 U.S.C. § 1915(e). ECF Nos. 5 and 8. Because Plaintiff did not allege sufficient 2 facts to state a claim for relief, this Court dismissed Plaintiff’s Complaints without

3 prejudice and with leave to amend. Id. The Court instructed Plaintiff that he may 4 file an Amended Complaint within sixty (60) days of May 1, 2023 or file the 5 attached Motion to Voluntarily Dismiss within sixty (60 days). ECF No. 8. The

6 Court cautioned Plaintiff that if he failed to file within sixty days, the Court would 7 dismiss the entire case for failure to state a claim under 28 U.S.C. § 1915(e)(2). Id. 8 Plaintiff failed to timely respond in any manner. 9 Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma

10 pauperis if the trial court certifies in writing that it is not taken in good faith.” The 11 good faith standard is an objective one, and good faith is demonstrated when an 12 individual “seeks appellate review of any issue not frivolous.” See Coppedge v.

13 United States, 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915, an 14 appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams, 15 490 U.S. 319, 325 (1989). 16 The Court finds that any appeal of this Order would not be taken in good

17 faith and would lack any arguable basis in law or fact. Accordingly, the Court 18 hereby revokes Plaintiff’s in forma pauperis status. 19 //

20 // 1]; ACCORDINGLY, IT IS HEREBY ORDERED: 2 1. Plaintiff's Complaints are DISMISSED without prejudice for failure to 3 state a claim under 28 U.S.C. § 1915(e)(2)(B). 4 2. Plaintiff's in forma pauperis status is REVOKED. 5 The District Court Executive is directed to enter this Order, enter judgment 6|| of dismissal without prejudice, forward a copy to Plaintiff, and CLOSE the file. 7 DATED July 6, 2023. 8 CO Lf as. O Kes 9 a wh THOMAS OR <> United States District Judge 10 11 12 13 14 15 16 17 18 19 20