Reevis v. Spokane County Superior Court

Opinion

EASTERUN. SD.I SDTIRSITCRTI COTF CWOAUSRHTI NGTON 2 Jul 12, 2021

SEAN F. MCAVOY, CLERK 3

EASTERN DISTRICT OF WASHINGTON 5

NO: 2:21-CV-00063-RMP 7 Plaintiff,

8 v. ORDER DISMISSING ACTION

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

16 Defendants.

18 By Order filed May 24, 2021, the Court granted Plaintiff Charles Joseph 19 Reevis thirty days to voluntarily dismiss this action. ECF No. 7. The Court found 20 that Mr. Reevis’s pro se submission, five two-page Standard Form 95 (“SF 95s”), 21 filed while he was incarcerated at the Spokane County Corrections Center, did not 1 support a federal tort claim. Id. at 4–6. Consequently, Plaintiff’s claims were 2 subject to dismissal for lack of subject matter jurisdiction. See McNeil v. United 3 States, 508 U.S. 106, 110, 113 (1993). 4 Plaintiff is currently housed at Comprehensive Health Care - Yakima

5 Competency Restoration, and is proceeding in forma pauperis, but without the 6 obligation to pay the $350.00 filing fee for this action. ECF No. 6. Plaintiff did 7 not avail himself of the opportunity to voluntarily dismiss this action.

8 Accordingly, IT IS ORDERED: 9 1. This action is DISMISSED without prejudice for lack of subject matter 10 jurisdiction. 11 2. Based on the Court’s reading of Hoffmann v. Pulido, 928 F.3d 1147,

12 1152 (9th Cir. 2019), this dismissal will NOT count as a “strike” under 13 28 U.S.C. § 1915(g). 14 3. This case is DISMISSED and CLOSED.

15 4. Judgment of dismissal without prejudice shall be entered for Defendants. 16 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter 17 this Order, enter judgment, provide a copy to Plaintiff and CLOSE the file. The

18 Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order 19 would not be taken in good faith and would lack any arguable basis in law or fact. 20 DATED July 12, 2021. s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON 21 United States District Judge