1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Leila Cruz McCoy, Case No.: 23CV35-GPC(KSC)

12 Plaintiff, ORDER DISMISSING CIVIL 13 v. ACTION FOR FAILING TO STATE A CLAIM AND FOR FAILING TO 14 Rady Children’s Hospital, San Diego PROSECUTE IN COMPLIANCE Child Welfare Services, Christopher 15 WITH COURT ORDER REQUIRING Hines, Lynette Miller, Renee Silvestri, AMENDMENT 16 Daniela Morales, Dr. Jenkins, Dr. Patel, Kimberly Giardina, and Nick Macchione, 17 Defendants. 18

19 On April 27, 2023, the Court denied Plaintiff’s motion to proceed in forma 20 pauperis and sua sponte dismissed the complaint for failing to state a claim with leave to 21 amend. (Dkt. No. 5.) The Court granted Plaintiff leave to file an amended complaint to 22 correct the deficiencies identified in the Court’s order no later than May 26, 2023. (Id.) 23 One month has passed since the Court’s dismissal order, and to date, Plaintiff has not 24 filed an amended complaint, not sought an extension of time to file one and has not filed 25 an amended motion to proceed in forma pauperis. Accordingly, the Court DISMISSES 26 this civil action in its entirety without further leave to amend based on Plaintiff’s failure 27 1 || to state a claim upon which relief can be granted and her failure to prosecute pursuant to 2 || Federal Rule of Civil Procedure 41(b). See Edwards v. Marin Park,

, 1065 3 || (9th Cir. 2004) (“The failure of the plaintiff eventually to respond to the court’s 4 || ultimatum—either by amending the complaint or indicating to the court that [she] will 5 do so—is properly met with the sanction of a Rule 41(b) dismissal.”’); Lira v. 6 || Herrera,

(9th Cir. 2005) (“If a plaintiff does not take advantage of 7 ||the opportunity to fix his complaint, a district court may convert the dismissal of the 8 complaint into dismissal of the entire action.”). The Court DIRECTS the Clerk of Court 9 || to enter final judgment of dismissal and to close the file. 10 IT IS SO ORDERED. 11 ||Dated: June 28, 2023 = ) 12 Cdratho Cx 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23CV35-GPC(KSC)