Randolph v. Yakima County

1 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 2 Apr 03, 2023 3 SEAN F. MCAVOY, CLERK 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ZAKKARIE R. RANDOLPH, NO: 1:22-CV-3205-TOR 8 Plaintiff, ORDER OF DISMISSAL 9 v. 1915(g) YAKIMA COUNTY and YAKIMA COUNTY DEPARTMENT OF CORRECTIONS, 12 Defendants.

14 By Order filed January 24, 2023, the Court advised Plaintiff of the deficiencies of his complaint and directed him to amend or voluntarily dismiss within sixty days.

16 ECF No. 8. Plaintiff had commenced this action while incarcerated at the Yakima County Jail but was subsequently placed in the custody of the Washington State Department of Corrections. ECF Nos. 1, 5. He is proceeding pro se and in forma pauperis. ECF No. 7. Defendants have not been served.

1 The Court found that Plaintiff’s allegations against Yakima County and the Yakima County Department of Corrections were insufficient to state a cognizable claim. See City of St. Louis v. Praprotnik, 485 U.S. 112, 121 (1988); Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978); Pembaur v. City of Cincinnati, 475 U.S. 469, 479-81 (1986); see also Nolan v. Snohomish County, 802 6 P.2d 792, 796 (Wash. Ct. App. 1990) (“[I]n a legal action involving a county, the county itself is the only legal entity capable of suing and being sued.”); Melendres v. Arpaio, 784 F.3d 1254, 1260 (9th Cir. 2015) .

9 The Court cautioned Plaintiff that if he failed to amend his complaint to state a claim upon which relief may be granted, the action would be dismissed, and such dismissal would count as one under 28 U.S.C. § 1915(g). ECF No. 8 at 11. Plaintiff did not amend as directed and has filed nothing further in this action.

13 ACCORDINGLY, IT IS ORDERED: 14 1. The claims asserted in Plaintiff’s Complaint, ECF No. 1, are DISMISSED 15 with prejudice.

16 2. This dismissal will count as a “strike” under 28 U.S.C. § 1915(g).

17 3. Plaintiff’s in forma pauperis status is hereby REVOKED.

18 4. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of 19 this Order would not be taken in good faith and would lack any arguable 20 basis in law or fact. l 5. The Clerk of Court is further directed to forward a copy of this Order to the 2 Office of the Attorney General of Washington, Criminal Justice Division.

3 The Clerk of Court is directed to enter this Order and Judgment accordingly, 4|| forward copies to Plaintiff at his last known address, and CLOSE the file.

5 DATED April 3, 2023. | @ x re United States District Judge