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