Zavala v. San Diego Sheriff

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DANNY ZAVALA, Case No. 3:21-cv-01104-GPC-RBM Booking No. 21103200, 12

Plaintiff, 13 ORDER DISMISSING CIVIL vs. ACTION FOR FAILING TO STATE 14 A CLAIM AND FOR FAILING SAN DIEGO SHERIFF, 15 TO PROSECUTE IN COMPLIANCE Defendants. WITH COURT ORDER 16

17 18 19 20 I. Introduction 21 On June 11, 2021, Danny Arroyo Zavala (“Plaintiff”), who is proceeding pro se, was 22 housed at San Diego Central Jail and filed a civil rights complaint pursuant to 42 U.S.C. 23 § 1983 in this Court. (See ECF No. 1.) Plaintiff did not prepay the civil filing fee required 24 by 28 U.S.C. § 1914(a); instead, he filed a Motion to Proceed In Forma Pauperis (“IFP”) 25 pursuant to 28 U.S.C. § 1915(a). (See ECF No. 2.) 26 The Court granted Plaintiff’s Motion to Proceed in Forma Pauperis and dismissed 27 Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 1915A(b)(1), and 28 1 |} granted him sixty (60) days from the date of the dismissal Order to file a First Amended 2 || Complaint. (See ECF No. 3.) 3 ||. Discussion 4 Plaintiff's First Amended Complaint was due on or before August 21, 2021. To 5 || date, he has failed to amend, and has not requested another extension of time in which to 6 || do so. “The failure of the plaintiff eventually to respond to the court’s ultimatum-—either by 7 ||amending the complaint or by indicating to the court that [he] will not do so—is properly 8 with the sanction of a Rule 41(b) dismissal.” Edwards v. Marin Park, 356 F.3d 1058, 9 || 1065 (9th Cir. 2004). 10 Conclusion and Order 11 Accordingly, the Court DISMISSES this civil action in its entirety based on 12 || Plaintiff's failure to state a claim upon which § 1983 relief can be granted pursuant to 28 13 |/U.S.C. § 1915(e)(2)(B)(i) and § 1915A(b)(1) for the reasons set forth in the Court’s June 14 2021 Order, and his failure to prosecute as required by Court’s Order. 15 The Court further CERTIFIES that an IFP appeal would not be taken in good faith 16 pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of 17 || dismissal and close the file. 18 IT IS SO ORDERED. 19 || Dated: November 9, 2021 =<

21 United States District Judge 22 23 24 25 26 27 28 2 oe