(PC) Gaither v. Williams.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA BURRELL A. GAITHER, Case No.: 24-cv-01089-AJB-DDL 12 Plaintiff, 13 vs. ORDER DISMISSING ACTION WITHOUT PREJUDICE S. WILLIAMS, A. GEORGE, SMITH, S. AMADOR, 16 Defendants.

19 On June 21, 2024, Plaintiff Burrell A. Gaither (“Plaintiff”), a state prisoner proceeding pro se filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 and filed a motion seeking leave to proceed in forma pauperis (“IFP”). (Doc. Nos. 1; 2.) On July 12, 2024, the Court granted Plaintiff leave to proceed IFP and dismissed the Complaint without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b). (Doc. No. 10.) Plaintiff was granted leave to amend by September 10, 2024, and specifically instructed that if he failed to file a First Amended Complaint within the time provided the Court would enter a final Order dismissing this civil action based on Plaintiff’s failure to prosecute in compliance with a court order requiring amendment. (Id. at 7–8 (citing Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. } }2005) (“If a plaintiff does not take advantage of the opportunity to fix his complaint, a district court may convert the dismissal of the complaint into dismissal of the entire |jaction.”).) To date, Plaintiff has not filed a First Amended Complaint or otherwise || contacted the Court.

5 Accordingly, the Court DISMISSES this action without prejudice for failure to state 6 claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and || 1915A(b), and for failure to prosecute. The Clerk of Court is DIRECTED to enter final || judgment accordingly.

9 IT IS SO ORDERED.

10 || Dated: January 21, 2025 © ¢ Hon. Anthony J. attaglia 12 United States District Judge