1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THE GEO GROUP, INC., No. 2:24-cv-02924-DAD-CSK 12 Plaintiff, 13 v. ORDER DISMISSING ACTION 14 GAVIN C. NEWSOM, et al., (Doc. No. 37) 15 Defendants. 16 17 On May 2, 2025, the court issued an order denying plaintiff’s motion for preliminary 18 injunction and granting the motion to dismiss plaintiff’s complaint filed on behalf of defendants 19 Gavin C. Newsom and Rob Bonta in which defendant Kristopher Lyon filed a notice of joinder 20 (Doc. Nos. 19, 24, 26). (Doc. No. 36.) The court therein dismissed all of plaintiff’s claims on the 21 grounds that plaintiff had failed to allege its standing in this action. (Id. at 6–12, 14.) 22 Plaintiff was granted leave to amend. (Id. at 14.) Specifically, plaintiff was directed to 23 file either a first amended complaint or a notice of its intent not to do so within twenty-one (21) 24 days from the date of entry of the court’s order. (Id. at 15.) On May 21, 2025, plaintiff filed a 25 notice of its intent not to file a first amended complaint. (Doc. No. 37.) 26 Accordingly, the court reiterates that plaintiff’s claims asserted in its complaint have been 27 dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12 for the reasons stated 28 in its May 2, 2025 order. (See Doc. No. 36); see also Sabana v. CoreLogic, Inc., No. 24-987, 1 |

, at *1 (9th Cir. Apr. 2, 2025) (“The district court dismissed the case with 2 | prejudice based on a lack of standing. This constitutes an error, because jurisdictional dismissals 3 | pursuant to Fed. R. Civ. P. 12(b)(1) must be entered without prejudice.”).! 4 The Clerk of the Court is directed to close this case. 5 IT IS SO ORDERED. | Dated: _ June 9, 2025 Dal A. 2, sxe 7 DALE A. DROZD 3 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | -—T_ ' Citation to this unpublished Ninth Circuit opinion is appropriate pursuant to Ninth Circuit 28 | Rule 36-3(b).