Terrell Moreno Jones v. San Diego Sheriff’s Dep’t
Terrell Moreno Jones v. San Diego Sheriff’s Dep’t
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TERRELL MORENO JONES, Case No. 25-cv-00779-BAS-KSC
12 Plaintiff, ORDER DISMISSING CIVIL 13 v. ACTION PURSUANT TO
28 U.S.C. § 1915(e)(2)(B)(ii) AND § 1915A(b)(1) 14 SAN DIEGO SHERIFF’S DEP’T, AND FOR FAILING TO 15 Defendant. PROSECUTE IN COMPLIANCE WITH COURT ORDER REQUIRING 16 AMENDMENT 17 18 Plaintiff Terrell Moreno Jones, a detainee proceeding pro se, has filed a civil rights 19 complaint pursuant to
42 U.S.C. § 1983, along with a motion to proceed in forma pauperis 20 (“IFP”). (See ECF Nos. 1, 2.) 21 On August 5, 2025, the Court granted Jone’s IFP motion and dismissed the case 22 without prejudice and with leave to amend pursuant to
28 U.S.C. §§ 1915(e)(2)(B)(ii), § 23 1915A(b)(1). (ECF No. 5.) Jones was given until October 4, 2025, to file a First Amended 24 Complaint that cured the pleading deficiencies outlined in the August 5, 2025 Order. (Id.) 25 To date, Jones has not filed an amended complaint nor requested an extension of 26 time. “The failure of the plaintiff eventually to respond to the court’s ultimatum—either by 27 amending the complaint or by indicating to the court that [he] will not do so—is properly 28 1 || met with the sanction of a Rule 41(b) dismissal.” Edwards v. Marin Park,
356 F.3d 1058, 2 || 1065 (9th Cir. 2004). 3 The Court DISMISSES this civil action WITH PREJUDICE, for Plaintiffs failure 4 state a claim upon which § 1983 relief can be granted and for his failure to prosecute as 5 ||required by Court’s August 5, 2025 Order. The Court further CERTIFIES that an IFP 6 || appeal would not be taken in good faith pursuant to
28 U.S.C. § 1915(a)(3) and DIRECTS 7 || the Clerk to enter a final judgment of dismissal and close the file. 8 IT IS SO ORDERED. 9 ~ 10 || DATED: October 30, 2025 (yi. (Doha H n. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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