1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSEPH HUMPHRIES, Case No.: 20cv659-JAH CDCR #C-56160, 12 ORDER DISMISSING ACTION Plaintiff, 13 WITHOUT PREJUDICE v. 14 GAVIN NEWSOME, AKINWUML, 15 M.D., L. SAIDRO, M.D., M. GLYNN, S. 16 ROBERTS, M.D., A. SAZON, 17 Defendants. 18 19 On June 5, 2020, this Court issued an Order granting Plaintiff Joseph Humphries’s 20 (“Plaintiff”) motion to proceed in forma pauperis, Doc. No. 2, and dismissing Plaintiff’s 21 Complaint for failure to state a claim pursuant to

(e)(2)(B) and § 22 1915A(b). See Doc. No. 7. The Court granted Plaintiff 45 days leave from the date of 23 the Order to file an Amended Complaint which cures the deficiencies of pleading noted 24 in the Order. Id. Plaintiff was warned that if he failed to file an Amended Complaint 25 within 45 days, the Court would issue a final Order dismissing this civil action. Id. 26 /// 27 /// 28 /// 1 To date, Plaintiff has not filed an Amended Complaint. Accordingly, IT IS 2 || HEREBY ORDERED that this action be DISMISSED without prejudice based both on 3 || Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 4 11§§ 1915(e)(2)(B) and 1915A(b), and his failure to prosecute in compliance with a court 5 || order requiring amendment. See Lira v. Herrera,

(9th Cir. 2005) 6 || (“Ifa plaintiff does not take advantage of the opportunity to fix his complaint, a district 7 court may convert the dismissal of the complaint into dismissal of the entire action.”). 8 IT IS SO ORDERED. 9 10 |}DATED: = March 15, 2021 1] | | | 12 VU B JGQHN A. HOUSTON YNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28