(PC) Gaither v. Williams.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BURRELL A. GAITHER, Case No.: 24-cv-01089-AJB-DDL
Plaintiff, vs. ORDER DISMISSING ACTION
WITHOUT PREJUDICE
S. WILLIAMS, A. GEORGE, SMITH,
S. AMADOR,
Defendants.
18 On June 21, 2024, Plaintiff Burrell A. Gaither (“Plaintiff”), a state prisoner proceeding pro se filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 and filed a motion seeking leave to proceed in forma pauperis (“IFP”). (Doc. Nos. 1; 2.) On July 12, 2024, the Court granted Plaintiff leave to proceed IFP and dismissed the Complaint without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B) & 1915A(b). (Doc. No. 10.) Plaintiff was granted leave to amend by September 10, 2024, and specifically instructed that if he failed to file a First Amended Complaint within the time provided the Court would enter a final Order dismissing this civil action based on…