Hollenbeck v. Knezovich

1 EASTERUN. SD.I SDTIRSITCRTI COTF CWOAUSRHTI NGTON Apr 14, 2023 SEAN F. MCAVOY, CLERK

5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

8 BRIAN KEITH HOLLENBECK, No: 2:22-CV-00294-SAB Plaintiff, v. ORDER DISMISSING ACTION OZZIE KNEZOVICH; CRAIG MIDEL; and HOMELAND SECURITY, Defendants.

14 By Order filed March 1, 2023, the Court advised Plaintiff Brian Keith Hollenbeck of the deficiencies with his First Amended Complaint (“FAC”) and directed him to amend or voluntarily dismiss within thirty (30) days. ECF No. 9.

16 Plaintiff, who is not currently incarcerated, is proceeding pro se and has paid the filing fee for this action. Defendants have not been served.

The Court cautioned Plaintiff that if he failed to comply with the directives in the Order, the Court would dismiss his FAC, which alleges a violation of his Fourth Amendment rights. ECF No. 8 at 4, 9; ECF No. 9 at 5–7. As of the date of this Order, Plaintiff has not filed an amended complaint.

Plaintiff’s FAC does not comply with Rule 8(a) of the Federal Rules of Civil statement of the claim showing that the pleader is entitled to relief].]” Fed. R. Civ. 2|| P. 8(a)(2). Moreover, Plaintiff appears to name the United States Department of Homeland Security as a Defendant to this action, but the United States and its agencies are immune from suit absent a waiver of sovereign immunity. ECF No. 8 41) at 1, 3; ECF No. 9 at 2 (citing FDIC v. Meyer, 510 U.S. 471 (1994).) Plaintiff also 5|| failed to assert any facts to explain how any of the named Defendants purportedly ‘ violated his constitutional rights. ECF No. 9 at 4—5.

Plaintiff did not comply with the Court’s Order and has filed nothing further in this action. Therefore, for the reasons set forth above and in the Court’s prior g || Order, ECF No 9, IT IS ORDERED: 9 1. The First Amended Complaint, ECF No. 8, is DISMISSED without prejudice for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915A(b)(1).

11 IT IS SO ORDERED. The Clerk of Court is DIRECTED to enter this 1D Order, enter judgment, provide copies to Plaintiff, and CLOSE the file.

DATED this 14th of April 2023.

18 Stanley A. Bastian 19 Chief United States District Judge