Charles v. Yakama County Sheriff Office

2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Feb 07, 2020 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON LOUIE W. CHARLES, 1:19-cv-03211-SAB 10 Plaintiff, 11 v. ORDER DISMISSING 12 COMPLAINT YAKIMA COUNTY SHERIFF’S OFFICE, SHERIFF UDELL, YAKIMA COUNTY and, STATE OF WASHINGTON, 17 Defendants.

19 By Order filed November 5, 2019, the Court advised Plaintiff of the deficiencies of his complaint and directed him to amend or voluntarily dismiss within sixty (60) days. ECF No. 7. Plaintiff, a pretrial detainee at the Yakima County Jail, is proceeding pro se and in forma pauperis; Defendants have not been served.

24 In the Order, the Court found that Plaintiff’s allegations were insufficient to state a claim upon which relief may be granted. Id. Although given the opportunity to do so, Plaintiff did not amend his complaint to state a viable claim for relief.

27 For the reasons set forth above and in the Court’s Order to Amend or Voluntarily Dismiss Complaint, ECF No. 7, IT IS ORDERED that the Complaint, ECF No. 1, is DISMSISED for failure to state a claim upon which relief may be granted. 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). However, the Complaint is 3|| dismissed without prejudice insofar as Plaintiff is seeking appropriate state and federal habeas remedies concerning the fact or duration of his confinement.

5 Under Washington v. L.A. 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).

The Court certifies that any appeal of this dismissal would not be taken in good 8}| faith.

9 IT ISSO ORDERED. The Clerk of Court is directed to enter this Order, enter judgment, provide copies to Plaintiff at his last known address, and close the 1 file.

12 DATED this 7th day of February 2020.

15 .

Souler Fecthar 7 Stanley A. Bastian 18 United States District Judge 22)