Myers v. Cossey

Opinion

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

7 ADAM R. MYERS, NO: 2:20-CV-0243-TOR 8 Plaintiff, ORDER OF DISMISSAL 9 v.

10 ROBERT COSSEY, MICHEAL JOLSTEAD, JR., and 11 SPOKANE COUNTY,

12 Defendants.

14 By Order filed August 10, 2020, the Court advised Plaintiff of the deficiencies 15 of his complaint and directed him to amend or voluntarily dismiss within sixty (60) 16 days. ECF No. 8. Plaintiff, a pretrial detainee at Spokane County Detention 17 Services is proceeding pro se and in forma pauperis; Defendants have not been 18 served. 19 Specifically, Plaintiff’s allegations against his attorney, a prosecuting 20 attorney, and the county failed to state a claim upon which relief may be granted. 1 See Miranda v. Clark County, 319 F.3d 465,468 (9th Cir. 2003); Imbler v. Pachtman, 2 424 U.S. 409, 430-31 (1976); Monell v. New York City Dep’t of Soc. Servs., 436 U.S.

3 658, 690 (1978). Furthermore, because Plaintiff sought the dismissal of pending 4 criminal charges, and thereby his release from pretrial confinement, his only federal 5 remedy is a writ of habeas corpus with its requirement of exhaustion of state

6 remedies. See Preiser v. Rodriguez, 411 U.S. 475, 487-90 (1973). The Court also 7 determined that it was appropriate to abstain from intervening in a pending state 8 court criminal proceeding under Younger v Harris, 401 U.S. 37, 45 (1971). 9 Plaintiff did not comply with the Order to Amend or Voluntarily Dismiss and

10 has filed nothing further in this action. For the reasons set forth above and in the 11 Court’s prior Order, ECF No. 8, IT IS ORDERED that the Complaint is 12 DISMISSED without prejudice to Plaintiff filing any challenge to the fact or

13 duration of his confinement in the appropriate forum. Under Washington v. L.A. 14 Cty. Sheriff's Dep't, 833 F.3d 1048 (9th Cir. 2016), this dismissal will NOT count as 15 a “strike” pursuant to 28 U.S.C. § 1915(g). 16 //

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20 // 1 IT ISSO ORDERED. The Clerk of Court is DIRECTED to enter this Order, 2|| enter judgment, provide copies to Plaintiff and CLOSE the file. The Court certifies 3|| pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith and would lack any arguable basis in law or fact. Plaintiff's in forma pauperis status is hereby REVOKED. 6 DATED October 13, 2020.

| @ hes Qs United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20