Martinez v. Rocha

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ARMANDO MARTINEZ, Case No.: 3:24-cv-1750-AJB-BLM CDCR # BI-3959, 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION FOR FAILURE TO vs. PROSECUTE 14 JOSHUA ROCHA, E. DE LA PARRA, 15 A. TRUJILLO, 16 Defendants. 17

19 I. INTRODUCTION 20 On September 27, 2024, Armando Martinez (“Plaintiff”), a state inmate proceeding 21 pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 1. He filed a motion 22 to proceed in forma pauperis (“IFP”)on October 15, 2024. ECF No. 2. On February 24, 23 2025, the Court granted Plaintiff’s IFP motion and dismissed the original complaint 24 without prejudice for seeking money damages from immune defendants and for failure to 25 state a claim. ECF No. 5. The Court gave Plaintiff 60 days, or until April 24, 2025, to file 26 an amended complaint. Id. at 8. Plaintiff was also cautioned that his failure to respond to 27 the Court’s dismissal Order by filing a timely amended complaint would result in the Court 28 entering a final Order of dismissal of this action. Id. at 9. 1 Il. DISCUSSION 2 The time for Plaintiff to respond to the Court’s Order has passed and the Court has 3 received no communication from Plaintiff. The failure of the plaintiff eventually to respond 4 || to the court’s ultimatum—either by amending the complaint or by indicating to the court 5 ||that [he] will not do sos properly met with the sanction of a Rule 41(b) dismissal.” 6 || Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004); Henderson v. Duncan, 779 7 ||F.2d 1421, 1423 (9th Cir. 1986) (the Court has discretion to sua sponte dismiss a case for 8 || lack of prosecution or failure to comply with a court order); see also Fed. R. Civ. P. 41(b) 9 ||(providing for involuntary dismissal for failure to prosecute or comply with the federal 10 |/rules or court order). 1] Ht. CONCLUSION AND ORDER 12 The Court DISMISSES this civil action in its entirety based on Plaintiff's failure to 13 || state a plausible § 1983 claim and his failure to prosecute this action. The Court DIRECTS 14 || the Clerk to enter a final judgment of dismissal and close the file. 15 |} IT IS SO ORDERED. 16 || Dated: June 6, 2025 © □□ 7 Hon. Anthony J. attaglia 18 United States District Judge 19 20 21 22 23 24 25 26 27 28