J.M. v. Parlier Unified School District et al

Filing 30

ORDER DISMISSING Defendant George Alvarado signed by District Judge Anthony W. Ishii on 1/6/2022. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 J.M., a minor, 10 11 12 13 14 15 CASE NO. 1:21-CV-0261 AWI BAM Plaintiff ORDER DISMISSING DEFENDANT GEORGE ALVARADO v. PARLIER UNIFIED SCHOOL DISTRICT, CITY OF PARLIER, OFFICER NEIL O’BRIEN, and GEORGE ALVARADO, (Doc. No. 19) Defendants 16 17 On November 10, 2021, this Court granted Defendant George Alvarado’s motion to 18 dismiss and dismissed all claims against him with leave to amend. See Doc. No. 19. The Court 19 gave Plaintiff twenty-eight days to file an amended complaint. See id. As part of the dismissal 20 order, the Court explained: “If Plaintiff fails to timely file an amended complaint, then leave to 21 amend will be automatically withdrawn without further notice and Defendant Alvarado will be 22 terminated from this case without further notice.” Id. More than twenty-eight days have passed, 23 and Plaintiff has failed to file an amended complaint. 24 The Court takes Plaintiff’s failure to comply with the November 10 order, and the failure 25 to heed the warning regarding dismissal of Defendant Alvarado, as Plaintiff’s decision to decline 26 to pursue claims against Defendant Alvarado. In the absence of any relevant filing relating to 27 Alvarado, the Court will follow the warning of the November 10 order and revoke leave to amend 28 and dismiss Defendant Alvarado. 1 Accordingly, IT IS HEREBY ORDERED that, due to Plaintiff’s failure to file an amended 2 complaint as previously instructed, leave to amend as previously granted in the November 10, 3 2021 order is WITHDRAWN, and the Clerk shall TERMINATE Defendant George Alvarado 4 from this case. 5 6 IT IS SO ORDERED. 7 Dated: January 6, 2022 SENIOR DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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