Alemais

I. BACKGROUND

On October 30, 2024, Plaintiff Ryan Abair (“Plaintiff”), proceeding pro se, filed a complaint against Defendant Alemais (“Defendant”), alleging copyright infringement and intellectual property theft. (“Complaint,” Dkt. No. 1.) The same day, Plaintiff filed a request to proceed in forma pauperis. (“IFP,” Dkt. No. 2.) On December 18, 2024, the Court denied Plaintiff’s IFP and dismissed Plaintiff’s Complaint with leave to amend. (“IFP Order,” Dkt. No. 11.) The Court instructed Plaintiff to file an amended complaint no later than thirty days after the date of the IFP Order, and it warned Plaintiff that failure to timely file an amended complaint would result in dismissal of the action. (Id.) Plaintiff timely filed an amended complaint on December 30, 2024. (“FAC,” Dkt. No. 12.)

II. DISCUSSION

A trial court may dismiss a case sua sponte under Fed. R. Civ. P. 12(b)(6). See Wong v. Bell, 642 F.2d 359, 361–62 (9th Cir. 1981) (citing 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357 at 593 (1969)). Such a dismissal may be made without notice where the claimant cannot possibly win relief. See id. Further, federal courts are under a continuing…