Hollingsworth v. Paramo
Filing
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ORDER DISMISSING Civil Action For Failing To State A Claim And For Failing To Prosecute In Compliance With Court Order Requiring Amendment: The Court certifies that an IFP appeal would not be taken in good faith and directs the Clerk to enter a final judgment of dismissal and to close the file. Signed by Judge William Q. Hayes on 4/5/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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vs.
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Case No. 3:16-cv-01426-WQH-BLM
JASON HOLLINGSWORTH,
CDCR #AX-5810,
CALIFORNIA DEP'T OF
CORRECTIONS, et al.,
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Defendants.
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ORDER DISMISSING CIVIL
ACTION FOR FAILING TO
STATE A CLAIM PURSUANT
TO 28 U.S.C. § 1915(e)(2)(B)(ii) AND
§ 1915A(b)(l) AND FOR FAILING
TO PROSECUTE IN COMPLIANCE
WITH COURT ORDER REQUIRING
AMENDMENT
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Jason Hollingsworth ("Plaintiff'), proceeding pro se, and while incarcerated at
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Richard J. Donovan Correctional Facility in San Diego, California, initially filed this civil
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rights action pursuant to 42 U.S.C. § 1983 on June 6, 2016, claiming that prison officials
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were in violation of the "Davis Bacon Act of 1931" and violated his right to equal
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protection under the laws. (See Compl. at 4-6.)
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III
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III
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III
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III
3:16-cv-01426-WQH-BLM
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I.
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Procedural Background
On August 5, 2016, the Court granted Plaintiff leave to proceed in forma pauperis
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("IFP"), but dismissed his Complaint sua sponte for failing to state a claim upon which
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relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and§ 1915A(b)(l). (ECF
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cured these pleading deficiencies. (Id. at 8-9; see Lopez v. Smith, 203 F.3d 1122, 1130
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(9th Cir. 2000) (en bane) (noting that leave to amend should be granted when complaint
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is dismissed sua sponte under § 1915 "if it appears at all possible that the plaintiff can
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correct the defect.").)
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Plaintiff filed his First Amended Complaint ("FAC") on August 24, 2016. (ECF
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No. 6). However, the Court once again found dismissal of the entire action appropriate
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on the grounds that he had failed to state a claim upon which relief could be granted
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pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and§ 1915A(b)(l). (ECF No. 7). Again, the
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Court granted Plaintiff 45 days in which to file an Amended Complaint that cured these
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pleading deficiencies. (Id. at 6.)
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More than 45 days has since passed since the Court's February 2, 2017 Order.
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Plaintiff has filed no Amended Complaint; nor has he requested an extension of time in
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which to do so. See Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004) ("The
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failure of the plaintiff eventually to respond to the court's ultimatum-either by amending
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the complaint or by indicating to the court that [he] will not do so-is properly met with
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the sanction of a Rule 41 (b) dismissal.").
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II.
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Conclusion and Order
Accordingly, the Court DISMISSES this civil action in its entirety without further
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leave to amend based on Plaintiffs failure to state a claim upon which § 1983 relief can
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be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and§ 1915A(b)(l), and his failure to
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prosecute pursuant to FED. R. Crv. P. 41(b) in compliance with the Court's February 2,
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2017 Order (ECF No. 7).
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III
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3:16-cv-01426-WQH-BLM
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The Court further CERTIFIES that an IFP appeal would not be taken in good
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faith pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final
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judgment of dismissal and to close the file.
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IT IS SO ORDERED.
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Dated:
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HON. WILLIAM Q.
United States n·
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1ct Judge
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3: 16-cv-01426-WQH-BLM
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