James v. United States Marshals Service Agents et al

Filing 19

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)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KYLE JAMES,
CDCR #BB-1457,

Case No. 3:17-cv-0414-WQH-BLM

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vs.

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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

Plaintiff,

UNITED STATES MARSHALS
SERVICE AGENTS, K. LANEY;
BROWN; JOHN BUCKLEY; JOHN
DOES; UNITED STATES OF
AMERICA. UNITED STATES
MARSHALS SERVICE ,
Defendants.

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Kyle James (“Plaintiff”), proceeding pro se, and currently incarcerated at Corcoran

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State Prison located in Corcoran, California, initially filed this civil rights action pursuant

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to 42 U.S.C. § 1983 on February 24, 2017. (ECF No. 1.)

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I.

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Procedural Background
On August 18, 2017, the Court dismissed his Complaint sua sponte for failing to

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state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915A(b)(1) and

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denied his Motion to Proceed In Forma Pauperis as moot. (ECF No. 18). The Court

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granted Plaintiff 45 days in which to file an Amended Complaint that cured these
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3:17-cv-0414-WQH-BLM

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pleading deficiencies. (Id. at 7-8; see Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000)

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(en banc) (noting that leave to amend should be granted when complaint is dismissed sua

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sponte under § 1915 “if it appears at all possible that the plaintiff can correct the

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defect.”).)

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That time has since passed and Plaintiff has filed no Amended Complaint; nor has

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he requested an extension of time in which to do so. See Edwards v. Marin Park, 356

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F.3d 1058, 1065 (9th Cir. 2004) (“The failure of the plaintiff eventually to respond to the

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court’s ultimatum–either by amending the complaint or by indicating to the court that

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[he] will not do so–is properly met with the sanction of a Rule 41(b) dismissal.”).

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II.

Conclusion and Order
Accordingly, the Court DISMISSES this civil action in its entirety without further

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leave to amend based on Plaintiff’s failure to state a claim upon which § 1983 relief can

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be granted pursuant to 28 U.S.C. § 1915A(b)(1), and his failure to prosecute pursuant to

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FED. R. CIV. P. 41(b) in compliance with the Court’s August 8, 2017 Order (ECF No. 18).

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The Clerk of Court shall close the file.

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IT IS SO ORDERED.

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Dated: October 16, 2017

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3:17-cv-0414-WQH-BLM