Contreras v. Washington State Department of Corrections

2 U.S. F DIL ISE TD R I IN C TT H CE O URT EASTERN DISTRICT OF WASHINGTON 3 Jan 28, 2020 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON JOSE CONTRERAS, NO: 2:18-CV-369-RMP 8 Plaintiff, ORDER DISMISSING ACTION 9 v. 1915(g) WASHINGTON STATE DEPARTMENT OF CORRECTIONS, 12 Defendant.

14 By Order filed November 25, 2019, the Court granted a fourth and final extension of time to amend the Complaint in this action or to file a Motion to Voluntarily Dismiss. ECF No. 21. The deadline for Plaintiff to amend or voluntarily dismiss his complaint was December 23, 2019. He did not do so. Rather, on December 30, 2019, Plaintiff filed yet another Motion for Extension of Time, ECF No. 22, asserting that a box of his legal files is being shipped to him.

20 Plaintiff filed his initial complaint in this action more than one year ago, on November 28, 2018. ECF No. 1. The only named Defendant, Washington State Department of Corrections, is not a “person” amenable to suit under 42 U.S.C. § 3 1983. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989). Furthermore, Plaintiff’s factual allegations did not state a First Amendment claim under Shakur v. Schriro, 514 F.3d 878, 884-85 (9th Cir. 2008).

6 Despite generous extensions of time, Plaintiff has failed to amend his complaint to state a claim upon which relief may be granted. Accordingly, for the reasons set forth above and in the Order to Amend or Voluntarily Dismiss, ECF No. 12, IT IS ORDERED that the Complaint, ECF No. 1, is DISMISSED with prejudice for failure to state a claim upon which relief may be granted under 28 11 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). Plaintiff’s pending Motion for Extension of Time, ECF No. 22, is DENIED AS MOOT.

13 Pursuant to 28 U.S.C. § 1915(g) a prisoner who brings three or more civil actions or appeals which are dismissed as frivolous or for failure to state a claim will be precluded from bringing any other civil action or appeal in forma pauperis “unless the prisoner is under imminent danger of serious physical injury.” 28 17 U.S.C. § 1915(g). Plaintiff is advised to read the statutory provisions of 28 18 U.S.C. § 1915. This dismissal of Plaintiff's complaint may count as one of the three dismissals allowed by 28 U.S.C. § 1915(g) and may adversely affect his ability to file future claims in forma pauperis.

1 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter Judgment, provide a copy to Plaintiff, and CLOSE this file. The District Court Clerk is further directed to provide a copy of this Order to the Office of the Attorney General of Washington, Corrections Division. The Court certifies that any appeal of this dismissal would not be taken in good faith.

6 DATED January 28, 2020.

s/ Rosanna Malouf Peterson 8 ROSANNA MALOUF PETERSON United States District Judge