1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 STEFAN MICHALOPOULOS, Case No. 1:24-cv-01169-CDB

9 Plaintiff, ORDER DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A 10 v. CLAIM

11 UNITED STATES OF AMERICA, et al., (Doc. 39)

12 Defendants. 13 14 Plaintiff Stefan Michalopoulos, proceeding pro se, initiated this action with the filing of a 15 complaint against Defendants the United States of America and Federal Bureau of Investigation 16 (“FBI”). Upon consent of the parties, the matter was reassigned to a United States magistrate judge 17 for all purposes pursuant to

(c)(1). (Doc. 20). 18 On October 14, 2025, the Court issued an order granting Defendants motion to dismiss, 19 denying Plaintiff’s motion for default judgment, dismissing the United States of America and the 20 FBI from the action as immune and improper defendants under the Federal Tort Claims Act, 21 dismissing Plaintiff’s complaint, and granting Plaintiff leave to amend his complaint. (Doc. 39 at 22 20). In the Court’s order, Plaintiff was directed to either file an amended complaint or a notice of 23 voluntary dismissal.

Plaintiff was admonished that the Court would dismiss this action with 24 prejudice for failure to state a claim unless Plaintiff timely complied with the Court’s order.

25 The deadline for Plaintiff to file either an amended complaint or notice of voluntary 26 dismissal has passed and Plaintiff has failed to make any filing in accordance with the Court’s 27 order. As a result, there is no pleading on file which sets forth any claims upon which relief may be granted. Therefore, the Court will dismiss this action with prejudice. See Edwards v. Marin 1 | Park, Inc.,

, 1063-65 (9th Cir. 2004) (stating that a plaintiff's failure to take any 2 | action in response to a court’s ultimatum to the plaintiff to either amend the complaint or indicate 3 | to the court that it will not do so “is properly met with the sanction of a Rule 41(b) dismissal”). 4 Conclusion and Order 5 Accordingly, it is HEREBY ORDERED that: 6 1. This action is DISMISSED with prejudice for Plaintiff’s failure to state a claim upon 7 which relief may be granted; and 8 2. The Clerk of Court is directed to enter judgment and close this case. 9 | IT IS SO ORDERED. '0 | Dated: _November 24, 2025 | hwnd Pr 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28