Estes v. County of San Diego

Opinion

1 2 3 4 5 6 7 10 11 MARCOS ESTES, Case No.: 3:24-cv-1190-RSH-SBC Booking #24722637, 12 ORDER DISMISSING ACTION Plaintiff, 13 vs. 14 COUNTY OF SAN DIEGO, KELLY 15 MARTINEZ, OFFICER LOPEZ, PALOMAR COLLEGE POLICE 17 DEPARTMENT 18 Defendants. 19 20 On July 10, 2024, Marcos Estes (“Plaintiff”), a detainee proceeding pro se, filed a 21 civil rights action pursuant to 42 U.S.C. § 1983, alleging Defendants violated his 22 constitutional rights when they detained and/or took him into custody on three different 23 occasions. See ECF No. 1. On November 22, 2024, the Court entered an Order granting 24 Plaintiff’s IFP application but dismissed the Complaint without prejudice and with leave 25 to amend. See ECF No. 3. On the same day, the Court mailed the Order to the two addresses 26 Plaintiff listed in his Complaint. See ECF No. 1 at 8. The Court gave Plaintiff until January 27 6, 2025 to file an amended complaint that cured the pleading deficiencies identified in the 28 dismissal order and also cautioned Plaintiff that a failure to respond by filing an amended 1 |}complaint would result in the Court entering a final order of dismissal of this action. See 2 || ECF No. 3 at 12-13. 3 The time for Plaintiff to respond to the Court’s Order has passed and the Court has 4 ||received no communication from Plaintiff. “The failure of the plaintiff eventually to 5 respond to the court’s ultimatum—either by amending the complaint or by indicating to the 6 court that [he] will not do so—is properly met with the sanction of a Rule 41(b) dismissal.” 7 || Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004); Henderson v. Duncan, 779 8 || F.2d 1421, 1423 (9th Cir. 1986) (the Court has discretion to sua sponte dismiss a case for 9 || lack of prosecution or failure to comply with a court order). 10 Therefore, the Court DISMISSES this civil action in its entirety based on □□□□□□□□□□□ 11 || failure to state a plausible § 1983 claim and his failure to amend his pleading. The Court 12 || DIRECTS the Clerk to enter a final judgment of dismissal and close the case. 14 || Dated: January 23, 2025 Kehr ‘ Howe 15 Hon. Robert S. Huie United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28