Estes v. County of San Diego

Opinion

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