Reevis v. US Department of Justice

2 U.S. F DIL ISE TD R I IN C TT H CE O URT EASTERN DISTRICT OF WASHINGTON Jun 01, 2021 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON CHARLES JOSEPH REEVIS, also known as NO: 2:21-CV-00030-RMP the brides of christ Husben, 9 Plaintiff, ORDER DISMISSING ACTION 10 v. § 1915(g) U.S DEPARTMENT OF JUSTICE FBI MISCONDUCT DIVISION, SPOKANE COUNTY SUPERIOR COURT and STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH BEHAVIORAL HEALTH ADMINISTRATION EASTERN STATE HOSPTILE, 16 Defendants.

18 By Order filed April 16, 2021, the Court granted Plaintiff Charles Joseph Reevis thirty days to voluntarily dismiss this action. ECF No. 9. The Court found that Mr. Reevis’s pro se complaint, filed while he was incarcerated at the Spokane County Corrections Center, did not name Defendants amenable to suit under 42 1 U.S.C. § 1983 and his claims were duplicative of those presented in other actions.

2 See id. at 5–12. Consequently, Plaintiff’s claims were subject to dismissal as abusive under 28 U.S.C. § 1915(e). See Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995); Aziz v. Burrows, 976 F.2d 1158, 1158–59 (9th Cir. 1992); Adams v. California Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007).

6 Plaintiff is currently housed at Comprehensive Health Care - Yakima Competency Restoration, and is proceeding in forma pauperis, but without the obligation to pay the $350.00 filing fee for this action. ECF No. 8. The Court cautioned Plaintiff regarding the preclusive effect that a dismissal of this action on the grounds enumerated in 28 U.S.C. § 1915(g) could have on his future ability to proceed in forma pauperis while a prisoner. ECF No. 9 at 12–13. Nevertheless, Plaintiff did not avail himself of the opportunity to voluntarily dismiss this action.

13 For the reasons set forth above, and in the Court’s Order Granting Leave to Voluntarily Dismiss, ECF No. 9, IT IS ORDERED that this action is DISMISSED with prejudice as frivolous, malicious, and for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2).

17 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 21 U.S.C. § 1915(g). Plaintiff is advised to read the statutory provisions of 28 1 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.

4 IT IS SO ORDERED. The District Court Clerk is directed to enter this Order, enter judgment of dismissal with prejudice, provide copies to Plaintiff at his last known address, and close the 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.

10 DATED June 1, 2021.

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