James v. United States Marshals Service Agents et al
ORDER DISMISSING CIVIL ACTION: The Court dismisses this action in its entirety without further leave to amend. The Clerk of Court shall close the file. Signed by Judge William Q. Hayes on 10/16/2017. (All non-registered users served via U.S. Mail Service.) (mdc)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No. 3:17-cv-0414-WQH-BLM
ORDER DISMISSING CIVIL
ACTION FOR FAILING TO
STATE A CLAIM PURSUANT
TO 28 U.S.C. § 1915A(b)(1) AND FOR
FAILING TO PROSECUTE IN
COMPLIANCE WITH COURT
ORDER REQUIRING AMENDMENT
UNITED STATES MARSHALS
SERVICE AGENTS, K. LANEY;
BROWN; JOHN BUCKLEY; JOHN
DOES; UNITED STATES OF
AMERICA. UNITED STATES
MARSHALS SERVICE ,
Kyle James (“Plaintiff”), proceeding pro se, and currently incarcerated at Corcoran
State Prison located in Corcoran, California, initially filed this civil rights action pursuant
to 42 U.S.C. § 1983 on February 24, 2017. (ECF No. 1.)
On August 18, 2017, the Court dismissed his Complaint sua sponte for failing to
state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1) and
denied his Motion to Proceed In Forma Pauperis as moot. (ECF No. 18). The Court
granted Plaintiff 45 days in which to file an Amended Complaint that cured these
pleading deficiencies. (Id. at 7-8; see Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000)
(en banc) (noting that leave to amend should be granted when complaint is dismissed sua
sponte under § 1915 “if it appears at all possible that the plaintiff can correct the
That time has since passed and Plaintiff has filed no Amended Complaint; nor has
he requested an extension of time in which to do so. See Edwards v. Marin Park, 356
F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff eventually to respond to the
court’s ultimatum–either by amending the complaint or by indicating to the court that
[he] will not do so–is properly met with the sanction of a Rule 41(b) dismissal.”).
Conclusion and Order
Accordingly, the Court DISMISSES this civil action in its entirety without further
leave to amend based on Plaintiff’s failure to state a claim upon which § 1983 relief can
be granted pursuant to 28 U.S.C. § 1915A(b)(1), and his failure to prosecute pursuant to
FED. R. CIV. P. 41(b) in compliance with the Court’s August 8, 2017 Order (ECF No. 18).
The Clerk of Court shall close the file.
IT IS SO ORDERED.
Dated: October 16, 2017
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