1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KEVIN BARRIOS, Case No. 3:21-cv-00680-GPC-LL BOOKING No. 20931063, 12

Plaintiff, 13 ORDER DISMISSING CIVIL vs. ACTION FOR FAILING 14 TO PROSECUTE IN COMPLIANCE SAN DIEGO COUNTY SHERIFF’S 15 WITH COURT ORDER DEPT.,

16 Defendant. 17 18 19 I. Introduction 20 On April 16, 2021, Kevin Barrios (“Plaintiff” or “Barrios”), who is proceeding pro 21 se, was incarcerated at the San Diego Central Jail and filed a civil rights complaint pursuant 22 to

in this Court. ECF No. 1. Plaintiff did not prepay the civil filing fee 23 required by

(a). He did, however, file a Motion to Proceed In Forma 24 Pauperis (“IFP”) pursuant to

(a). ECF No. 2. On May 14, 2021, the Court 25 denied Plaintiff’s IFP motion because he had not provided the Court with a certified trust 26 account statement, dismissed Barrios’s Complaint pursuant to

(a), and 27 granted him sixty days from the date of the dismissal Order to file a properly supported 28 IFP motion. ECF No. 5. 1 On July 8, 2021, Barrios filed a renewed IFP motion. ECF No. 7. The Court granted 2 || Barrios’s IFP motion and dismissed the Complaint for failing to state a claim pursuant to

(e)(2) and § 1915A(b). Jd. Barrios was given sixty days to file an 4 || Amended Complaint which cured the deficiencies of pleading noted in the July 8, 2021 5 || Order. Jd. 6 ||II. Discussion 7 Barrios’s Amended Complaint was due on or before November 1, 2021. To date, he 8 failed to amend, and has not requested an extension of time in which to do so. “The 9 || failure of the plaintiff eventually to respond to the court’s ultimatum—either by amending 10 |} the complaint or by indicating to the court that [he] will not do so—is properly met with the 11 |} sanction of a Rule 41(b) dismissal.” Edwards v. Marin Park,

, 1065 (9th Cir. 12 || 2004). 13 Conclusion and Order 14 Accordingly, the Court DISMISSES this civil action in its entirety based on 15 || Plaintiff’s failure to state a claim upon which § 1983 relief can be granted pursuant to 28 16 || U.S.C. § 1915(e)(2)(B)Gi) and § 1915A(b)(1), and his failure to prosecute as required by 17 || Court’s July 27, 2021 Order. 18 The Court further CERTIFIES that an IFP appeal would not be taken in good faith 19 || pursuant to

(a)(3) and DIRECTS the Clerk to enter a final judgment of 20 || dismissal and close the file. 21 IT IS SO ORDERED. 22 Dated: November 30, 2021 <=

United States District Judge 25 26 27 28 2 oe