Reevis v. Spokane County Superior Court

Opinion

2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jun 30, 2021

SEAN F. MCAVOY, CLERK 4

EASTERN DISTRICT OF WASHINGTON 6

NO: 2:21-CV-00058-RMP 8 Plaintiff,

9 v. ORDER DISMISSING ACTION

COURTS, US DEPARMENT OF MISCONDUCT DIVISION, US WASHINGTON, SPOKANE SERVICES, and STATE OF SOCIAL AND HEALTH SERVICES ADMINISTRATION EASTERN

17 Defendants.

19 By Order filed May 14, 2021, the Court granted Plaintiff Charles Joseph 20 Reevis thirty days to voluntarily dismiss this action. ECF No. 7. The Court found 21 that Mr. Reevis’s pro se submissions, consisting of five two-page Standard Form 1 95 and filed while he was incarcerated at the Spokane County Corrections Center, 2 did not support a federal tort claim. Id. at 4–6. Consequently, Plaintiff’s claims 3 were subject to dismissal for lack of subject matter jurisdiction. See McNeil v. 4 United States, 508 U.S. 106, 110, 113 (1993).

5 Plaintiff is currently housed at Comprehensive Health Care - Yakima 6 Competency Restoration, and is proceeding in forma pauperis, but without the 7 obligation to pay the $350.00 filing fee for this action. ECF No. 6. Plaintiff did

8 not avail himself of the opportunity to voluntarily dismiss this action. 9 Accordingly, IT IS ORDERED: 10 1. This action is DISMISSED without prejudice for lack of subject matter 11 jurisdiction.

12 2. Based on the Court’s reading of Hoffmann v. Pulido, 928 F.3d 1147, 13 1152 (9th Cir. 2019), this dismissal will NOT count as a “strike” under 14 28 U.S.C. § 1915(g).

15 3. This case is DISMISSED and CLOSED. 16 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter 17 this Order, provide a copy to Plaintiff and CLOSE the file. The Court certifies 18 pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be

19 taken in good faith and would lack any arguable basis in law or fact. 20 DATED June 30, 2021. s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 21 United States District Judge