(PC) Gaither v. Williams.

S.D. California

(PC) Gaither v. Williams.

DecidedJanuary 22, 2025

Docket3:24-cv-01089

StatusUnknown

This text of (PC) Gaither v. Williams. ((PC) Gaither v. Williams.) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BURRELL A. GAITHER, Case No.: 24-cv-01089-AJB-DDL

12 Plaintiff, 13 vs. ORDER DISMISSING ACTION WITHOUT PREJUDICE 14 S. WILLIAMS, A. GEORGE, SMITH, 15 S. AMADOR, 16 Defendants. 17

18 19 On June 21, 2024, Plaintiff Burrell A. Gaither (“Plaintiff”), a state prisoner 20 proceeding pro se filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 and filed a 21 motion seeking leave to proceed in forma pauperis (“IFP”). (Doc. Nos. 1; 2.) On July 12, 22 2024, the Court granted Plaintiff leave to proceed IFP and dismissed the Complaint without 23 prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 24 §§ 1915(e)(2)(B) & 1915A(b). (Doc. No. 10.) Plaintiff was granted leave to amend by 25 September 10, 2024, and specifically instructed that if he failed to file a First Amended 26 Complaint within the time provided the Court would enter a final Order dismissing this 27 civil action based on Plaintiff’s failure to prosecute in compliance with a court order 28 requiring amendment. (Id. at 7–8 (citing Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 1 }}2005) (“If a plaintiff does not take advantage of the opportunity to fix his complaint, a 2 district court may convert the dismissal of the complaint into dismissal of the entire 3 |jaction.”).) To date, Plaintiff has not filed a First Amended Complaint or otherwise 4 || contacted the Court. 5 Accordingly, the Court DISMISSES this action without prejudice for failure to state 6 claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 7 || 1915A(b), and for failure to prosecute. The Clerk of Court is DIRECTED to enter final 8 || judgment accordingly. 9 IT IS SO ORDERED. 10 || Dated: January 21, 2025 © ¢ Hon. Anthony J. attaglia 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BURRELL A. GAITHER, Case No.: 24-cv-01089-AJB-DDL

12 Plaintiff, 13 vs. ORDER DISMISSING ACTION WITHOUT PREJUDICE 14 S. WILLIAMS, A. GEORGE, SMITH, 15 S. AMADOR, 16 Defendants. 17

18 19 On June 21, 2024, Plaintiff Burrell A. Gaither (“Plaintiff”), a state prisoner 20 proceeding pro se filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 and filed a 21 motion seeking leave to proceed in forma pauperis (“IFP”). (Doc. Nos. 1; 2.) On July 12, 22 2024, the Court granted Plaintiff leave to proceed IFP and dismissed the Complaint without 23 prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 24 §§ 1915(e)(2)(B) & 1915A(b). (Doc. No. 10.) Plaintiff was granted leave to amend by 25 September 10, 2024, and specifically instructed that if he failed to file a First Amended 26 Complaint within the time provided the Court would enter a final Order dismissing this 27 civil action based on Plaintiff’s failure to prosecute in compliance with a court order 28 requiring amendment. (Id. at 7–8 (citing Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 1 }}2005) (“If a plaintiff does not take advantage of the opportunity to fix his complaint, a 2 district court may convert the dismissal of the complaint into dismissal of the entire 3 |jaction.”).) To date, Plaintiff has not filed a First Amended Complaint or otherwise 4 || contacted the Court. 5 Accordingly, the Court DISMISSES this action without prejudice for failure to state 6 claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 7 || 1915A(b), and for failure to prosecute. The Clerk of Court is DIRECTED to enter final 8 || judgment accordingly. 9 IT IS SO ORDERED. 10 || Dated: January 21, 2025 © ¢ Hon. Anthony J. attaglia 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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