Shteynberg v. San Diego County Jail Sheriff's Department Medical Team

Filing 69

ORDER DISMISSING CASE Without Prejudice. Signed by Judge Janis L. Sammartino on 8/20/2018.(All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RUDOLF SHTEYNBERG,

Case No.: 17-CV-1098 JLS (KSC)
Plaintiff,

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ORDER DISMISSING CASE

v.
SAN DIEGO COUNTY JAIL
SHERIFF’S DEPARTMENT MEDICAL
TEAM,

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Defendants.

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On June 12, 2018, this Court screened Plaintiff’s complaint and determined the

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complaint did not contain a short and plain statement of the claim showing that Plaintiff is

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entitled to relief. (ECF No. 67.) The Court granted Plaintiff leave to file an amended

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complaint which more concisely describes the allegations against the Defendants. The

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Court specified that Plaintiff may file an amended complaint within thirty (30) days from

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that date on which this Order is electronically docketed and noted that “Should Plaintiff

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fail to file an amended complaint within the time provided, the Court may enter a final

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order dismissing this civil action with prejudice.” (Id. at 6.)

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On July 13, 2018, Plaintiff had not filed an amended complaint, so the Court ordered

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Plaintiff to show cause why the case should not be dismissed. (ECF No. 68.) The Court

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ordered Plaintiff to respond or file an amended complaint on or before August 17, 2018.
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17-CV-1098 JLS (KSC)

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Plaintiff has not done so. “The failure of the plaintiff eventually to respond to the court’s

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ultimatum—either by amending the complaint or by indicating to the court that [he] will

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not do so—is properly met with the sanction of a Rule 41(b) dismissal.” Edwards v. Marin

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Park, 356 F.3d 1058, 1065 (9th Cir. 2004). Accordingly, this case is DISMISSED

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WITHOUT PREJUDICE. The Clerk of Court SHALL close the file.

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IT IS SO ORDERED.
Dated: August 20, 2018

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17-CV-1098 JLS (KSC)