1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSUE ISREAL SANCHEZ, Case No.: 24cv0134-AJB (LR) CDCR #BC-0031, 12 ORDER DISMISSING ACTION Plaintiff, 13 WITHOUT PREJUDICE vs. 14 GEORGE BAILEY JAIL, 15 Defendant. 16 17 18 On January 16, 2024, Plaintiff Josue Israel Sanchez, a state prisoner incarcerated at 19 Corcoran State Prison in Corcoran, California, filed this civil rights action pursuant to 42

accompanied by a Motion to proceed In Forma Pauperis (“IFP”). (ECF Nos. 21 1-2.) Plaintiff claimed his due process rights were violated when his legal materials were 22 destroyed during a transfer to the George Bailey Jail in San Diego, California. (ECF No. 23 1 at 3.) 24 On February 14, 2024, the Court granted Plaintiff leave to proceed IFP and 25 dismissed the Complaint without prejudice for failure to state a claim upon which relief 26 may be granted pursuant to

(e)(2) and 1915A(b). (ECF No. 3.) The 27 Court found the Complaint failed to state a federal due process claim because Plaintiff had 28 an adequate state post-deprivation remedy for the loss of property, failed to state an access | |}to courts claim because it failed to allege an actual injury arising from the loss of legal 2 || materials, and failed to name a proper Defendant. (/d. at 4-6.) Plaintiff was granted leave 3 ||to amend on or before April 1, 2024, and specifically instructed that if he failed to file an 4 || Amended Complaint within the time provided the Court will enter a final Order dismissing 5 || this civil action based both on Plaintiff's failure to state a claim upon which relief can be 6 || granted pursuant to 28 U.S.C. § 1915A(b)(1), and his failure to prosecute in compliance 7 || with a court order requiring amendment. (/d. at 7-8, citing Lira v. Herrera,

(9th Cir. 2005) (“If a plaintiff does not take advantage of the opportunity to fix his 9 || complaint, a district court may convert the dismissal of the complaint into dismissal of the 10 || entire action.”) On March 20, 2024, the Court extended the time to amend on □□□□□□□□□□□ 11 |}motion until May 1, 2024. (ECF No. 5.) To date, Plaintiff has not filed an Amended 12 || Complaint. 13 Accordingly, the Court DISMISSES this action without prejudice. The Clerk of 14 || Court shall enter judgment accordingly. 15 IT IS SO ORDERED. 16 ||Dated: June 5, 2024 © ¢ 7 Hon. Anthony J. attaglia 18 United States District Judge 19 20 21 22 23 24 25 26 27 28