Holiday v. Unknown Officer or Officers of the San Diego Police Department

United States District Court for the Southern District of California

Holiday v. Unknown Officer or Officers of the San Diego Police Department

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 4 || Juan Marquis HOLIDAY, Case No.: 3:23-cv-1069-AGS-MMP > Plaintity, | ORDER DISMISSING CIVIL 6 vs. ACTION FOR FAILURE TO 7 || UNKNOWN OFFICER OR OFFICERS OF | PROSECUTE THE SAN DIEGO POLICE DEPARTMENT, 9 Defendants. 10 1] 12 Juan Marquis Holiday, a federal inmate proceeding without an attorney, filed a civil 13 ||rights action, alleging his Fourth Amendment rights were violated when unnamed San 14 || Diego Police Officer(s) entered his home without a warrant. (ECF 1.) On January 1, 2024, 15 ||the Court granted Holiday’s IFP application but dismissed “the complaint without 16 || prejudice and with leave to amend” by “March 15, 2024.” (ECF 6, at 8.) Holiday was 17 || cautioned that if he failed to “timely amend, the Court will enter a final Order dismissing 18 || this civil action.”(/d.) To date, Holiday has not responded or filed an amended complaint. 19 Holiday’s failure to respond to the court’s order “is properly met with the sanction 20 || of a Rule 41(b) dismissal.” Edwards v. Marin Park,

356 F.3d 1058

, 1065 (9th Cir. 2004). 21 || So, this civil action is dismissed without prejudice. The Clerk is directed to close this file. 22 ||Dated: April 26, 2024 23 4 □□ IA Hon. Andrew G. Schopler 95 United States District Judge 26 27 28

Reference

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