Case Information
*0 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SEAN F. M C *1 Jul 17, 2019 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON RUSSELL LEE STORMY, 2:19-cv-00012-SAB
Plaintiff, ORDER DISMISSING
v. COMPLAINT NAPH CARE, SPOKANE COUNTY 1915(g) DETENTION FACILITY, JANE DOE
NURSES, JANE DOE RNPS and JOHN
DOE OFFICERS,
Defendants.
By Order filed April 18, 2019, the Court advised Plaintiff of the deficiencies of his complaint and directed him to amend or voluntarily dismiss within sixty (60)
days. ECF No. 9. Plaintiff, a pretrial detainee at the Spokane County Jail, is
proceeding pro se and in forma pauperis; Defendants have not been served.
In the Order, the Court found that Plaintiff failed to state a claim upon which relief may be granted. Id. Although granted the opportunity to do so, Plaintiff has
failed to amend his complaint to state a claim upon which relief may be granted.
The Court had cautioned Plaintiff that the failure to amend or voluntarily dismiss
would result in the dismissal of this complaint and a possible “strike” under 28
U.S.C. § 1915(g). He has filed nothing further, nor has he informed the Court of
any change in his address.
ORDER DISMISSING COMPLAINT -- 1 *2 For the reasons set forth above and in the Order to Amend or Voluntarily Dismiss, ECF No. 9, IT IS ORDERED the Complaint, ECF No. 1, is
DISMISSED with prejudice for failure to state a claim upon which relief may be
granted. 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1).
Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, 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 U.S.C. § 1915(g). Plaintiff is advised to read the statutory
provisions under 28 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.
IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,
enter judgment, provide copies to Plaintiff at his last known address, and close the
file. The Clerk of Court is further directed to forward a copy of this Order to the
Office of the Attorney General of Washington, Corrections Division. The Court
certifies any appeal of this dismissal would not be taken in good faith.
DATED this 17th day of July 2019.
S tanley A. B astian United States District Judge ORDER DISMISSING COMPLAINT -- 2