1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GABRIEL PIES, Case No.: 3:23-cv-01097-JO-LR Booking #23709854, 12

ORDER DISMISSING CIVIL

Plaintiff, 13 ACTION FOR FAILURE vs. TO PROSECUTE 14

SAN DIEGO SHERIFF’S

15 DEPARTMENT; RENICK, Sergeant

16 #4747; BERNAL PAREDES, Deputy

#4488; NEWLAN, Deputy #3749; 17 KERNS, Deputy #3999; LIZARRAGA, 18 Lieutenant #5400; and ARGUERO, Nurse #4970, 19 Defendants. 20 21 22 On June 7, 2023, Plaintiff Gabriel Pies, proceeding pro se, filed a civil rights 23 complaint pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis (“IFP”). 24 Dkt. 1–2. Plaintiff alleged Defendants failed to provide adequate medical care after he 25 suffered an asthma attack and cuffed him too tightly while he was detained at the George 26 Bailey Detention Facility. Dkt. 1 at 4‒5. On February 29, 2024, the Court screened 27 Plaintiff’s Complaint sua sponte and dismissed most of it because he failed to state 28 plausible claims for relief. Dkt. 3 at 5‒10. The Court granted Plaintiff the option to file 1 || either (1) a written notice of his intent to proceed against Defendant Newlan only; or (2) 2 ||an amended complaint that cured his pleading deficiencies within forty-five (45) days. Jd. 3 9, 10. The Court cautioned Plaintiff that his failure to respond would result in dismissal 4 || for failure to prosecute. /d. at 10-11. 5 To date, Plaintiff has failed to comply with the Court’s Order, and has not requested 6 extension of time in which to do so.'! Accordingly, the Court dismisses his inadequate 7 ||medical care, excessive force, and Monell claims against Defendants San Diego □□□□□□□□□ 8 || Department, Sgt. Renick, Lt. Lizarraga, Deputies Paredes and Kerns, and Nurse Arquero 9 || for failure to state a claim as set forth in the Court’s February 29, 2024 Order. The Court 10 |/also dismisses this civil action in its entirety based on Plaintiff's failure to prosecute as 11 ||required by the Court’s February 29, 2024 Order. Edwards v. Marin Park, 356 F.3d 1058, 12 || 1065 (9th Cir. 2004) (“The failure of the plaintiff eventually to respond to the court’s 13 || ultimatum—either by amending the complaint or by indicating to the court that [he] will not 14 || do so—is properly met with the sanction of a Rule 41(b) dismissal.”). 15 The case is DISMISSED. The Court directs the Clerk to enter a final judgment of 16 || dismissal and close the case. The Court further certifies that an IFP appeal would not be 17 || taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). 18 IT IS SO ORDERED. 19 || Dated: May 24, 2024 Qe 20 21 Honorable Jinsook Ohta United States District Judge 23 24 95 ‘Tn fact, the Court’s February 29, 2024 Order was returned undeliverable by the U.S. Post Office on March 11, 2024, due to Plaintiff's release. Dkt. 4-1. Plaintiff did not file a notice of change of address 26 || before or since. See S.D. Cal. Civil Local Rule 83.11.b (“A party proceeding pro se must keep the Court and opposing parties advised as to current address. If mail directed to a pro se plaintiff by the Clerk at the 27 plaintiff's last designated address is returned by the Post Office, and if such plaintiff fails to notify the Court and opposing parties within 60 days thereafter of the plaintiff's current address, the Court may 28 || 7. a dismiss the action without prejudice for failure to prosecute.”).