1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DANIEL JAFAIN HARRIS, Case No.: 3:24-cv-1370-TWR-DDL CDCR # BG-5649, 12 ORDER DISMISSING CIVIL Plaintiff, 13 ACTION FOR (1) FAILURE TO vs. STATE A CLAIM PURSUANT TO 28

(e)(2) AND 1915A(b),

15 AND (2) FAILURE TO PROSECUTE FIDENCIO GUZMAN, G. ESCOBEDO, 16 JOHN DOE, JANE DOE, (ECF No. 5) 17 Defendants. 18

19 20 On August 8, 2024, Plaintiff Daniel Jafain Harris, a state inmate proceeding pro se, 21 filed a civil rights complaint pursuant to

, (see ECF No. 1), along with a 22 motion to proceed in forma pauperis (“IFP”), (see ECF No. 2). The Court granted 23 Plaintiff’s IFP request and dismissed the complaint without prejudice for failure to comply 24 with Federal Rule of Civil Procedure 8 and failure to state a claim. (See generally ECF 25 No. 5 (“Order”).) In the same Order, the Court granted Plaintiff leave to file an amended 26 complaint and cure the pleading deficiencies identified in the Court’s dismissal Order 27 within 45 days, or by February 28, 2025. (See

at 5–10.) Plaintiff was also explicitly 28 cautioned that failure timely to respond to the Court’s dismissal Order by filing an amended 1 || complaint would result in the Court issuing a final order dismissing the action. (See

at 2 11.) 3 As of the date of this Order, the Court has recetved no amended complaint or 4 ||communication from Plaintiff. (See generally Docket.) “The failure of plaintiff... to 5 ||respond to the court’s ultimatum—either by amending the complaint or by indicating to 6 ||the court that [he] will not do so—is properly met with the sanction of a Rule 41(b) 7 || dismissal.” Edwards v. Marin Park,

, 1065 (9th Cir. 2004); Henderson v. 8 || Duncan,

(9th Cir. 1986) (the court has discretion to sua sponte dismiss 9 ||a case for lack of prosecution or failure to comply with a court order); see also Fed. R. Civ. 10 ||P. 41(b) (providing for involuntary dismissal for failure to prosecute or comply with the 11 || federal rules or court order). 12 Accordingly, the Court DISMISSES this civil action in its entirety based on 13 || Plaintiff's failure to state a plausible § 1983 claim and his failure to prosecute this action. 14 || The Court DIRECTS the Clerk to enter a final judgment of dismissal and close the file. 15 IT IS SO ORDERED. 16 Dated: March 26, 2025 — 17 [ od) (2 re 18 Honorable Todd W. Robinson United States District Judge 19 20 21 22 23 24 25 26 27 28 2 oe oe