Strong v. City of Spokane

Opinion

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Jul 09, 2021

SEAN F. MCAVOY, CLERK

EASTERN DISTRICT OF WASHINGTON

NO: 2:21-CV-00085-RMP Plaintiff, ORDER DISMISSING COMPLAINT v.

Defendant.

By Order filed April 28, 2021, the Court advised Plaintiff, a pretrial detainee at the Spokane County Detention Services, of the deficiencies of his complaint and directed him to amend or voluntarily dismiss within sixty (60) days. ECF No. 8. Plaintiff is proceeding pro se and in forma pauperis. Defendant has not been served. The Court cautioned Plaintiff that if he failed to comply with the directives in the Order, the Court would dismiss his complaint seeking injunctive relief for an alleged Sixth Amendment right to effective assistance of counsel violation. As of the date of this Order, Plaintiff has not filed any response. Specifically, Plaintiff failed to allege that the City of Spokane engaged in a pattern or practice that resulted in the deprivation of his constitutional rights.

Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 690 (1978). Furthermore, the Younger abstention doctrine forbids federal courts from enjoining pending state criminal proceedings, absent extraordinary circumstances not

presented here. See Younger v. Harris, 401 U.S. 37, 45–46 (1971); see also Middlesex Cty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 431 (1982). Plaintiff did not comply with the Court’s Order and has filed nothing further

in this action. Therefore, for the reasons set forth above and in the Court’s prior Order, ECF No 8, IT IS ORDERED: 1. The complaint, ECF No. 1, is DISMISSED for failure to state a claim

upon which relief may be granted under 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1), but without prejudice to Plaintiff pursuing appropriate state appellate and federal habeas relief. 2. Based on this Court’s reading of Washington v. Los Angeles Cty.

Sheriff’s Dep’t, 833 F.3d 1048 (9th Cir. 2016), this dismissal will NOT count as a “strike” pursuant to 28 U.S.C. § 1915(g). 3. This case is DISMISSED and CLOSED.

IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter this Order, enter judgment, provide copies to Plaintiff and CLOSE the file. The Court certifies 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.

DATED July 9, 2021. s/ Rosanna Malouf Peterson United States District Judge