Ochoa v. Hill

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARCUS ANTONIO OCHOA, Case No. 23-cv-2058-MMA (MMP) CDCR #F-81217 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION FOR FAILURE TO vs. PROSECUTE 14 JAMES HILL, DR. JOHN HODGES, DR. 15 LUZVIMINDA SAIDRO, JANE DOE, 16 MITCHELL, 17 Defendants. 18 19 November 6, 2023, Marcus Antonio Ochoa (“Plaintiff”), a prisoner proceeding pro 20 se, filed a civil rights action pursuant to 42 U.S.C. § 1983. Doc. No. 1. The Court 21 granted Plaintiff IFP status and sua sponte dismissed the original complaint for failure to 22 state a claim. Doc. No. 3. After an extension of time, Plaintiff filed a First Amended 23 Complaint (“FAC”) on April 1, 2024. Doc. No. 6. The Court dismissed the FAC 24 because Plaintiff again failed to state a claim. Doc. No. 7. The Court gave Plaintiff 45 25 days, or until October 10, 2024, to file a Second Amended Complaint. Id. at 13. 26 The time for Plaintiff to respond to the Court’s Order has passed and the Court has 27 received no communication from Plaintiff. The failure of the plaintiff eventually to 28 respond to the court’s ultimatum––either by amending the complaint or by indicating to 1 court that [he] will not do so—is properly met with the sanction of a Rule 41(b) 2 dismissal.” Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004); Henderson v. 3 || Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (the Court has discretion to sua sponte 4 || dismiss a case for lack of prosecution or failure to comply with a court order); see also 5 R. Civ. P. 41(b) (providing for involuntary dismissal for failure to prosecute or 6 ||comply with the federal rules or court order). 7 Accordingly, the Court DISMISSES this civil action in its entirety based on 8 || Plaintiff's failure to prosecute this action. The Court DIRECTS the Clerk to enter a final 9 judgment of dismissal and close the file. 10 IT IS SO ORDERED. 11 || Dated: December 9, 2024 LMackuh le (lilt 13 HON. MICHAEL M. ELLO United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28