Martinez

Martinez v. Rocha

Good Law
United States District Court, Southern District of CaliforniaJune 6, 20253:24-cv-01750California426 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ARMANDO MARTINEZ, Case No.: 3:24-cv-1750-AJB-BLM

CDCR # BI-3959,

ORDER DISMISSING CIVIL

Plaintiff, ACTION FOR FAILURE TO vs. PROSECUTE

JOSHUA ROCHA, E. DE LA PARRA,

A. TRUJILLO,

Defendants.

I. INTRODUCTION On September 27, 2024, Armando Martinez (“Plaintiff”), a state inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. ECF No. 1. He filed a motion to proceed in forma pauperis (“IFP”)on October 15, 2024. ECF No. 2. On February 24, 2025, the Court granted Plaintiff’s IFP motion and dismissed the original complaint without prejudice for seeking money damages from immune defendants and for failure to state a claim. ECF No. 5. The Court gave Plaintiff 60 days, or until April 24, 2025, to file an amended complaint. Id. at 8. Plaintiff was also cautioned that his failure to respond to the Court’s dismissal Order by filing a…

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