Fenton v. Kirk et al

Filing 4

ORDER DISMISSING CASE without Prejudice. More than forty-five days have elapsed since the issuance of the Order, but Plaintiff has not filed an amended complaint; accordingly, the Court DISMISSES WITHOUT PREJUDICE the above-named action. The Clerk of the Court SHALL CLOSE the file. Signed by Judge Janis L. Sammartino on 4/26/2021. (All non-registered users served via U.S. Mail Service) (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NANCY L. FENTON,

Case No.: 21-CV-69 JLS (KSC)
Plaintiff,

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v.

ORDER DISMISSING CASE
WITHOUT PREJUDICE

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GREG KIRK; JMK PROPERTIES;
and DOES 1–50,

(ECF No. 3)

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Defendants.

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On February 8, 2021, the Court issued an Order granting Plaintiff Nancy L. Fenton’s

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Application to Proceed in District Court Without Prepaying Fees or Costs and dismissing

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without prejudice her Complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2) due to

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lack of subject-matter jurisdiction. See generally ECF No. 3 (the “Order”). The Order

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granted Plaintiff forty-five days in which to file an amended complaint. See id. at 7.

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Plaintiff was warned that, “[s]hould Plaintiff fail to file an amended complaint within forty-

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five (45) days, the Court will enter a final Order dismissing this civil action based both on

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Plaintiff’s failure to state a claim upon which relief can be granted pursuant to 28 U.S.C.

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§ 1915(e)(2) and her failure to prosecute in compliance with a court order requiring

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amendment.” Id. at 7–8 (citation omitted) (emphasis in original). The Court noted that

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“[s]uch dismissal would be without prejudice to Plaintiff refiling her claims in state court.”

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Id. at 8.
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21-CV-69 JLS (KSC)

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More than forty-five days have elapsed since the issuance of the Order, but Plaintiff

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has not filed an amended complaint; accordingly, the Court DISMISSES WITHOUT

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PREJUDICE the above-named action. The Clerk of the Court SHALL CLOSE the file.

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IT IS SO ORDERED.
Dated: April 26, 2021

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21-CV-69 JLS (KSC)