1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GABRIEL PIES LONSDALE, Case No.: 25-cv-1583-BAS-SBC Booking #25707540, 12 ORDER DISMISSING ACTION FOR Plaintiff, 13 FAILURE TO STATE A CLAIM vs. AND FAILURE TO PROSECUTE 14 ABALOS, et al., 15 Defendants. 16 17 18 19 On June 16, 2025, Plaintiff Gabriel Pies Lonsdale, an inmate confined at the San 20 Diego Central Jail proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. 21 § 1983, accompanied by a Motion to Proceed In Forma Pauperis (“IFP”). (ECF Nos. 1, 2.) 22 Plaintiff alleged that his pinky finger was scratched when a pen was taken from his hand, 23 that his assigned counsel did not drop off his motions at court, and that he was yelled at by 24 officers. (ECF No. 1 at 4-6.) 25 On August 11, 2025, the Court granted Plaintiff leave to proceed IFP and screened 26 the Complaint pursuant to

(e)(2) & 1915A(b), which require sua sponte 27 dismissal of a prisoner’s IFP complaint, or any portion of it, which is frivolous, malicious, 28 fails to state a claim, or seeks damages from defendants who are immune. (ECF No. 3.) 1 Court found the Complaint failed to state a claim, notified Plaintiff of the pleading 2 || deficiencies, and granted leave to amend on or before September 25, 2025. (Ud. at 4-7.) 3 || Plaintiff was also informed that if he failed to file an amended complaint within the time 4 || provided the Court would enter a final Order dismissing this civil action based both on 5 || Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 6 1915(e)2)(B)Gn & 1915A(b)(1), and failure to prosecute in compliance with a court 7 || order requiring amendment. (/d. at 7-8, citing Lira v. Herrera,

, 1169 (9th 8 || Cir. 2005) (“If a plaintiff does not take advantage of the opportunity to fix his complaint, 9 district court may convert the dismissal of the complaint into dismissal of the entire 10 |} action.”’)) 11 As of the date of this Order Plaintiff has not filed an amended complaint, nor has he 12 contacted the Court. Accordingly, the Court DISMISSES this action without prejudice for 13 |/failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 14 1915(e)(2)(B)(i1) & 1915A(b)(1), and for failure to prosecute. The Clerk of Court shall 15 enter final judgment accordingly and close the file. 16 IT IS SO ORDERED. 17 . 18 || DATED: November 13, 2025 i A (Dipharb 19 H¢n. Cynthia Bashant, Chief Judge United States District Court 20 21 22 23 24 25 26 27 28 2 ee