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8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA

10 IRA ROBERT ELLIS, ) NO. EDCV 19-2331-RGK (KS) 11 ) Plaintiff, 12 ) v. ) 13 ) ORDER AND JUDGMENT OF DISMISSAL 14 COUNTY OF RIVERSIDE, et al, ) ) 15 Defendants. ) 16 _________________________________ )

17 18 On December 4, 2019, Plaintiff, a California state prisoner proceeding pro se, filed a 19 civil rights complaint pursuant to

(the “Complaint”). (Dkt. No. 1.) The 20 Complaint asserts claims for deliberate indifference against the Sheriff and County of 21 Riverside as well as the Chief Medical Officer and the Medical Director for the Riverside 22 County Jail. (Id. at 3-4.) However, the Complaint does not clearly identify a specific action 23 taken by any of the named defendants that exhibited deliberate indifference to Plaintiff’s 24 serious medical needs. (See generally id.) Instead, the Complaint refers broadly to the 25 defendants as a group without including factual allegations that support a plausible inference 26 that any defendant personally participated in, or is otherwise liable for, the alleged violation 27 of Plaintiff’s rights under the Eighth Amendment. (See generally id.) As such, the Complaint 28 fails to state a claim upon which relief may granted, Barren v. Harrington,

, 1 |} 1194 (th Cir. 1998) (“Liability under [Section] 1983 must be based on the personal 2 || involvement of the defendant.”), Jones v. Williams,

(9th Cir. 2002) (“In 3 || order for a person acting under color of state law to be liable under section 1983, there must 4 || be a showing of personal participation in the alleged rights deprivation.”), and is subject to 5 || dismissal. See 28 U.S.C.A. § 1915A (in civil rights actions brought by prisoners, district courts 6 || shall dismiss the complaint if the court determines that the complaint, or any portion therefore, 7 || fails to state a claim upon which relief can be granted). 8 9 Also on December 4, 2019, the Court notified Plaintiff that he had failed to pay the 10 || filing fee and had not filed a request to proceed in forma pauperis. (Dkt. No. 3.) On December 11 || 23, 2019, after more than two weeks had passed and Plaintiff had not responded to the Court’s 12 || notification, the Court ordered Plaintiff to show cause, no later than January 13, 2020, why 13 || the action should not be dismissed for failure to pay the filing fee or obtain authorization to 14 || proceed without prepayment of the fee. (Dkt. No. 6.) 15 16 More than seven weeks have now passed since the Court issued its December 4, 2019 17 || notification, and two weeks have passed since Plaintiff's January 13, 2020 deadline for 18 || responding to the Court’s December 23, 2019 Order by either paying the filing fee or filing a 19 || request to proceed without prepayment of the fee. To date, Plaintiff has neither paid the filing 20 || fee nor requested to proceed in forma pauperis. In light of the foregoing, IT IS HEREBY 21 |} ORDERED AND ADJUDGED that this action is DISMISSED. 22 23 || DATED: February 9, 2020 Pg Kane R. GARY KLAUSNER UNITED STATES DISTRICT JUDGE 25 Presented by: 26 Lyon { - Bouenern 27 KAREN L. STEVENSON 38 UNITED STATES MAGISTRATE JUDGE