1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 COREY RAY JOHNSON, Case No.: 3:24-cv-00494-JES-BJC CDCR #G-58095, 12 ORDER DISMISSING FOR Plaintiff, 13 FAILURE TO STATE A CLAIM vs. AND FAILURE TO PROSECUTE 14 BOREAGO, et al., 15 Defendants. 16 17 18 On March 11, 2024, Plaintiff Corey Ray Johnson, a state prisoner proceeding pro se, 19 filed a Complaint pursuant to

. ECF No. 1. On April 4, 2024, this action 20 was dismissed without prejudice pursuant to

(e)(2)(B)(ii) & 1915A(b)(1) 21 for failure to state a claim. ECF No. 3. Plaintiff was given notice of the deficiencies of his 22 pleading, in particular that the Complaint “contains little more than ‘[t]hreadbare recitals 23 of the elements of a cause of action, supported by mere conclusory allegations,’ which are 24 insufficient to state a claim under

.”

, quoting Ashcroft v. Iqbal, 25

(2009). Plaintiff was instructed that an amended complaint was due on 26 or before May 19, 2024. Id. at 7. Plaintiff was also instructed that if he “fails to file an 27 Amended Complaint within the time provided, the Court will enter a final Order dismissing 28 this civil action based both on Plaintiff’s failure to state a claim upon which relief can be 1 granted pursuant to

(e)(2)(B)(ii) & 1915A(b)(1), and his failure to 2 prosecute in compliance with a court order requiring amendment.” /d., citing Lira v. 3 || Herrera,

(9th Cir. 2005) (“If a plaintiff does not take advantage of 4 ||the opportunity to fix his complaint, a district court may convert the dismissal of the 5 complaint into dismissal of the entire action.”) 6 On June 3, 2024, the Court granted Plaintiff's request for a 90-day extension of time 7 ||to amend, and the time to amend was extended to August 20, 2024. ECF No. 8. On July 8 || 11, 2024, the Court granted Plaintiff's second request for a 90-day extension of time to 9 |}amend and extended the time to amend to November 20, 2024. ECF No. 10. Plaintiff was 10 ||reminded in both Orders that if he failed to timely amend the Court will enter a final Order 11 || dismissing this civil action based both on his failure to state a claim upon which relief can 12 || be granted and his failure to prosecute. ECF No. 8 at 2; ECF No. 10 at 2. To date, Plaintiff 13 || has not filed an amended complaint. 14 Accordingly, the Court DISMISSES this action without prejudice for failure to state 15 claim upon which relief can be granted pursuant to

(e)(2)(B)(i1) & 16 |} 1915A(b)(1), and for failure to prosecute. The Clerk of Court shall enter final judgment 17 || accordingly. 18 IT IS SO ORDERED. 19 30 Dated: January 10, 2025 = a SY. 4, 21 Honorable James E. Simmons Jr 09 United States District Judge 23 24 25 26 27 28 2 oe