Humphries v. Newsome

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

JOSEPH HUMPHRIES, Case No.: 20cv659-JAH CDCR #C-56160,

ORDER DISMISSING ACTION Plaintiff,

WITHOUT PREJUDICE v.

GAVIN NEWSOME, AKINWUML,

M.D., L. SAIDRO, M.D., M. GLYNN, S.

ROBERTS, M.D., A. SAZON,

Defendants.

On June 5, 2020, this Court issued an Order granting Plaintiff Joseph Humphries’s (“Plaintiff”) motion to proceed in forma pauperis, Doc. No. 2, and dismissing Plaintiff’s Complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b). See Doc. No. 7. The Court granted Plaintiff 45 days leave from the date of the Order to file an Amended Complaint which cures the deficiencies of pleading noted in the Order. Id. Plaintiff was warned that if he failed to file an Amended Complaint within 45 days, the Court would issue a final Order dismissing this civil action. Id.

To date, Plaintiff has not filed an Amended Complaint. Accordingly, IT IS HEREBY ORDERED that this action be DISMISSED without prejudice based both on Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 11§§ 1915(e)(2)(B) and 1915A(b), and his failure to prosecute in compliance with a court order requiring amendment. 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.”). IT IS SO ORDERED.

}DATED: = March 15, 2021

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B JGQHN A. HOUSTON

YNITED STATES DISTRICT JUDGE