UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TOM M. FRANKS, Case No.: 3:23-cv-2130-JAH-DDL
CDCR # AV-3360,
ORDER DISMISSING CIVIL
Plaintiff, ACTION FOR FAILURE TO vs. PROSECUTE
S. ROBERTS, SHAKIBA, MAJAMAD,
16 Defendants. 17
I. INTRODUCTION On November 9, 2023, Tom M. Franks (“Plaintiff” or “Franks”), a state inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, along with a motion to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. On December 20, 2023, the Court granted Plaintiff’s IFP application but dismissed the complaint without prejudice for failure to state a claim. ECF No. 7. The Court gave Plaintiff 45 days to file an amended complaint and advised him that failure to do so would result in the Court entering a final order of dismissal. Id. at 8. The Court subsequently granted Plaintiff two extensions of time to file his amended complaint, the latter of which required Plaintiff to file it no later…