Zavala v. San Diego Sheriff

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

DANNY ZAVALA, Case No. 3:21-cv-01104-GPC-RBM Booking No. 21103200,

Plaintiff,

ORDER DISMISSING CIVIL vs. ACTION FOR FAILING TO STATE A CLAIM AND FOR FAILING

SAN DIEGO SHERIFF,

TO PROSECUTE IN COMPLIANCE Defendants. WITH COURT ORDER

I. Introduction

On June 11, 2021, Danny Arroyo Zavala (“Plaintiff”), who is proceeding pro se, was housed at San Diego Central Jail and filed a civil rights complaint pursuant to 42 U.S.C. § 1983 in this Court. (See ECF No. 1.) Plaintiff did not prepay the civil filing fee required by 28 U.S.C. § 1914(a); instead, he filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). (See ECF No. 2.)

The Court granted Plaintiff’s Motion to Proceed in Forma Pauperis and dismissed Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 1915A(b)(1), and } granted him sixty (60) days from the date of the dismissal Order to file a First Amended Complaint. (See ECF No. 3.) . Discussion

Plaintiff's First Amended Complaint was due on or before August 21, 2021. To date, he has failed to amend, and has not requested another extension of time in which to do so. “The failure of the plaintiff eventually to respond to the court’s ultimatum-—either by amending the complaint or by indicating to the court that [he] will not do so—is properly with the sanction of a Rule 41(b) dismissal.” Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004).

Conclusion and Order

Accordingly, the Court DISMISSES this civil action in its entirety based on Plaintiff's failure to state a claim upon which § 1983 relief can be granted pursuant to 28 /U.S.C. § 1915(e)(2)(B)(i) and § 1915A(b)(1) for the reasons set forth in the Court’s June 2021 Order, and his failure to prosecute as required by Court’s Order.

The Court further CERTIFIES that an IFP appeal would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of dismissal and close the file.

IT IS SO ORDERED.

Dated: November 9, 2021 =<

United States District Judge

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