Smith v. Alameda County Sheriff Dept
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
D’ANDRE SMITH,
Case No. 22-cv-07200-AMO (PR) Plaintiff, 9 v. ORDER OF DISMISSAL WITHOUT PREJUDICE OFFICER SUSAKI, et al., 11 Defendants.
On July 15, 2024, the Court issued a Second Order of Dismissal with Leave to Amend. Specifically, the Court granted D’Andre Smith twenty-eight days from the date of the Order to file a section amended complaint to correct the deficiencies in his amended complaint. The Court warned Smith that the failure to file a timely amended complaint would result in the dismissal of this action for failure to prosecute. The time for Smith to file an amended complaint has passed, and he has failed to do so. Taking into account the salient factors set forth in Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992), the Court finds that dismissal is warranted under Federal Rule of Civil Procedure 41(b). See Yourish v. Cal. Amplifier, 191 F.3d 983, 989, 992 (9th Cir. 1999) (affirming…