Johnson v. Paul

7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA CLARANCE D. JOHNSON, Case No.: 20-CV-2174-JLS (WVG) 11 Plaintiff, ORDER (1) DENYING MOTION v. FOR DEFAULT, (2) DISMISSING ACTION POPE FRANCIS PAUL, et al., WITH PREJUDICE, AND 14 Defendants. (3) CLOSING CASE (ECF No. 14) 18 Presently before the Court is Plaintiff Clarance D. Johnson’s Motion for Default (“Mot.,” ECF No. 14). Plaintiff, proceeding pro se, filed a Complaint and a motion to proceed in forma pauperis (“IFP”). See ECF Nos. 1, 2. The Court granted Plaintiff’s motion to proceed IFP and screened Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(a).

22 See ECF No. 9. The Court dismissed Plaintiff’s Complaint as frivolous and for failure to state a claim on which relief may be granted on November 20, 2020. Id. (citing 28 U.S.C. § 1915(e)(2)(B)). The Court granted Plaintiff leave to file an amended complaint within thirty (30) days, warning that failure to do so would result in a final order dismissing this civil action with prejudice. Id. at 5.

27 Plaintiff filed a Motion for Default Judgment nunc pro tunc to December 1, 2020.

28 ECF No. 11. The Court denied the motion on December 10, 2020 because Plaintiff had 1 filed an amended complaint. ECF No. 12. The Court again instructed Plaintiff to file 2 amended complaint by December 21, 2020 and stated that “[i]f Plaintiff fails to file an |}amended complaint . . . the Court will enter a final Order dismissing this action.” See id. |/at 2. Plaintiff filed the present Motion for Default nunc pro tunc to December 15, 2020.

5 No. 14. Plaintiff still has not filed an amended complaint.

6 Default would be inappropriate because Plaintiff's complaint remains dismissed.

7 || Therefore, the Court DENIES Plaintiff’s Motion for Default (ECF No. 14).

8 As of the date of this Order, Plaintiff has not filed an amended complaint. See Lira || v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) (“Ifa 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 action.”). Accordingly, the Court DISMISSES || WITH PREJUDICE the entire action in accordance with the Court’s November 20, 2020 || Order (ECF No. 9). The Clerk of Court SHALL CLOSE the file.

14 IT IS SO ORDERED.

15 Dated: January 5, 2021 . tt f te 16 on. Janis L. Sammartino 7 United States District Judge