Burton
Burton v. McVay
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DEREK BURTON, Case No.: 24-cv-1302-MMA (JLB)
CDCR #AI-5407,
ORDER DISMISSING CASE FOR
Plaintiff, FAILURE TO STATE A CLAIM vs. AND FAILURE TO PROSECUTE 14 MCVAY, Warden, et al., 15 Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2024, the Court dismissed the complaint for failure to state a claim and granted Plaintiff leave to amend on or before September 27, 2024. Doc. No. 5. On September 10, 2024, the Court granted Plaintiff’s motion for a 30-day extension of time to amend until October 28, 2024; on October 29, 2024, the Court granted Plaintiff’s second motion for a 30-day extension of time to amend until November 28, 2024; on December 11, 2024, the Court granted Plaintiff’s third motion for a 30-day extension of time to amend until January 16, 2025. Doc. Nos. 7, 9, 11. Plaintiff was instructed that if he failed…