Reevis v. U.S. Department of Justice

FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Jun 08, 2021 3 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON CHARLES JOSEPH REEVIS, NO: 2:20-CV-00484-RMP 8 Plaintiff, ORDER DISMISSING ACTION 9 v. U.S. DEPARTMENT OF JUSTICE, 11 Defendant.

13 By Order filed March 31, 2021 the Court granted Plaintiff Charles Joseph Reevis thirty days to voluntarily dismiss this action. ECF No. 8. The Court found that Mr. Reevis’s pro se submission, a two-page Standard Form 95 (“SF 95”), filed while he was incarcerated at the Spokane County Corrections Center, did not support a federal tort claim. Id. at 4–5. Consequently, Plaintiff’s claims were subject to dismissal for lack of subject matter jurisdiction. See McNeil v. United States, 508 U.S. 106, 110, 113 (1993).

20 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. 7. Plaintiff did not avail himself of the opportunity to voluntarily dismiss this action.

3 Accordingly, IT IS ORDERED: 4 1. This action is DISMISSED without prejudice for lack of subject matter 5 jurisdiction.

6 2. Based on the Court’s reading of Hoffmann v. Pulido, 928 F.3d 1147, 7 1152 (9th Cir. 2019), this dismissal will NOT count as a “strike” under 8 28 U.S.C. § 1915(g).

9 3. This case is DISMISSED and CLOSED.

10 IT IS SO ORDERED. The District Court Clerk is DIRECTED to enter this Order, provide a copy 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.

14 DATED June 8, 2021.

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