(PC) Gaither v. Williams.

Opinion

BURRELL A. GAITHER, Case No.: 24-cv-01089-AJB-DDL

Plaintiff, vs. ORDER DISMISSING ACTION WITHOUT PREJUDICE S. WILLIAMS, A. GEORGE, SMITH, S. AMADOR, Defendants.

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