The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
10
11 JEFFREY LEE MOURNING, Case No. 3:20-cv-00804-AJB-JLB
CDCR# BK-7383,
12
ORDER:
Plaintiff,
13
vs. (1) DISMISSING CIVIL ACTION
14
FOR FAILING TO STATE A CLAIM
OFFICE OF THE ATTORNEY
15 AND FOR SEEKING MONETARY
GENERAL; ERIC A. SWENSON;
DAMAGES AGAINST IMMUNE
16 ALLEN BROWN,
DEFENDANTS PURSUANT TO
17 Defendants. § 1915A(b); AND
18
(2) DISMISSING FOR FAILING
19 TO PROSECUTE IN COMPLIANCE
WITH COURT ORDER
20
REQUIRING AMENDMENT
21
22
23
24 I. Procedural Background
25 Plaintiff Jefferey Lee Mourning, currently incarcerated at Ironwood State Prison in
26 Blythe, California, is proceeding pro se in this civil action filed on April 27, 2020, pursuant
27 to 42 U.S.C. § 1983. See ECF No. 1 (“Compl.”). Plaintiff did not file a motion to proceed
28 in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) and instead remitted the $400
1 || filing fee required by 28 U.S.C. § 1914(a) to commence a civil action. See ECF No. 1,
2 || Receipt No. CAS120979.
3 On May 14, 2020, the Court dismissed his Complaint for failing to state any claim
4 ||upon which relief could be granted and for seeking monetary damages against immune
5 ||defendants pursuant to 28 U.S.C. § 1915A(b). (See ECF No. 2.) Plaintiff was advised of
6 || his pleading deficiencies and was granted until June 15, 2020 to file an amended pleading.
7 || dd.)
8 As stated above, Plaintiff's Amended Complaint was due on or before June 15, 2020.
9 ||But to date, Plaintiff has not filed an Amended Complaint, and has not requested an
10 extension of time in which to do so. “The failure of the plaintiff eventually to respond to
11 court’s ultimatum—either by amending the complaint or by indicating to the court that
12 || [he] will not do so—is properly met with the sanction of a Rule 41(b) dismissal.” Edwards
13 || v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004).
14 |/II. Conclusion and Order
15 Accordingly, the Court DISMISSES this civil action in its entirety without prejudice
16 || based on Plaintiff's failure to state a claim upon which § 1983 relief can be granted and for
17 ||seeking monetary damages against immune defendants pursuant to 28 U.S.C. § 1915A(b),
18 || and his failure to prosecute pursuant to Fed. R. Civ. P. 41(b) in compliance with the Court’s
19 14, 2020 Order.
20 The Court further CERTIFIES that an IFP appeal would not be taken in good faith
21 || pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of
22 dismissal and close the file.
23 IT IS SO ORDERED.
24
25 ||Dated: September 14, 2020 © □□
26 Hon. Anthony J.Battaglia
27 United States District Judge
28
2 oo