Ethridge v. Perales

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 CARL ETHRIDGE, Case No.: 23-CV-763-GPC-WVG

11 Plaintiff, ORDER DISMISSING CIVIL 12 v. ACTION FOR FAILING TO STATE A CLAIM AND FOR FAILING TO 13 H. PERALES, parole supervisor; SEAN PROSECUTE IN COMPLIANCE MASTERSON, parole agent; and Dr. 14 WITH COURT ORDER REQUIRING KINGSTON, HOPE program supervisor, AMENDMENT 15 Defendants. 16

17 On April 26, 2023, Plaintiff Carl Ethridge (“Plaintiff”) proceeding pro se, filed a 18 complaint against Defendants H. Perale, parole supervisor; Sean Masterson, parole agent 19 and Dr. Kingston, Hope Program Supervisor. (Dkt. No. 1, Compl.) On May 5, 2023, the 20 Court granted Plaintiff’s motion to proceed in forma pauperis, sua sponte dismissed the 21 complaint for failing to state a claim and seeking monetary damages against immune 22 Defendants pursuant to 28 U.S.C. § 1915(e)(2)(B) with leave to amend. (Dkt. No. 5.) 23 The Court also denied Plaintiff’s request for appointment of counsel and motion for 24 temporary restraining order. (Id.) Plaintiff was granted until June 1, 2023 to file an 25 amended complaint. (Id.) Almost two months have passed since the Court’s dismissal 26 order, and to date, Plaintiff has not filed an amended complaint nor sought an extension 27 of time to file one. Accordingly, the Court DISMISSES this civil action in its entirety 28 without further leave to amend based on Plaintiff’s failure to state a claim upon which 1 || relief can be granted and for failure to prosecute pursuant to Federal Rule of Civil 2 ||Procedure 41(b). See Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004) (“The 3 || failure of the plaintiff eventually to respond to the court’s ultimatum—either by 4 ||amending the complaint or indicating to the court that [she] will not do so—is properly 5 || met with the sanction of a Rule 41(b) dismissal.”); Lira v. Herrera, 427 F.3d 1164, 1169 6 || (9th Cir. 2005) (“If a plaintiff does not take advantage of the opportunity to fix his 7 ||complaint, a district court may convert the dismissal of the complaint into dismissal of 8 entire action.”). The Court DIRECTS the Clerk of Court to enter final judgment of 9 || dismissal and to close the file. 10 IT IS SO ORDERED. 11 lIDated: July 28, 2023 (2. sake (0 12 Hon. Gonzalo P. Curtel 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28