Brooks v. Andrewjeski

2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON Mar 28, 2024 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON CARL ALONZO BROOKS, 10 Plaintiff, No. 4:23-CV-05127-SAB 11 v. MELISSA ANDREWJESKI, ORDER DIRECTING ENTRY OF 13 Defendant. JUDGMENT OF DISMISSAL 14 AND CLOSING FILE 16 The deadline for Plaintiff to file an amended complaint was March 21, 2024.

17 ECF No. 10. This deadline has passed and Plaintiff has not filed an amended pleading. Plaintiff was cautioned that failure to do so will result in the dismissal of this action. ECF No. 10 at 5.

20 Accordingly, IT IS HEREBY ORDERED: 21 1. The Complaint and the claims therein are DISMISSED with prejudice due to Plaintiff’s failure to state a claim.

23 2. The Court rejects Defendant’s request in the proposed order, ECF No. 4-1, to issue a “strike” under the Prison Litigation Reform Act as this case was originally filed in state court and removed by Defendant. See Harris v. Mangum, 863 F.3d 1133, 1141 (9th Cir. 2017) (“dismissal of an action removed from state court by a party other than a prisoner cannot constitute a strike under § 1915(g) against that prisoner.”).

1 IT IS SO ORDERED. The Clerk of Court is hereby directed to file this Order, enter JUDGMENT of dismissal with prejudice in favor of Defendant, 3|| provide copies to Plaintiff and counsel, and CLOSE THE FILE.

DATED this 28th day of March 2024.

9 ‘ 10 foe £ 7 bai.

Stanley A. Bastian 12 Chief United States District Judge AvNnTD 9