Johnathan Harper v. Kings County, et al.

I. Background

19 Plaintiff Johnathan Harper (“Plaintiff”) is a former pretrial detainee proceeding pro se in 20 this civil rights action under 42 U.S.C. § 1983. This action was removed from Kings County 21 Superior Court on June 16, 2023. 22 On November 5, 2025, the Court screened the complaint and found that it failed to comply 23 with Federal Rule of Civil Procedure 8 and the Court lacked subject matter jurisdiction over the 24 complaint as drafted. (ECF No. 19.) The Court issued an order granting Plaintiff leave to file a 25 first amended complaint or a notice of voluntary dismissal within thirty (30) days. (Id.) The 26 Court expressly warned Plaintiff that the failure to comply with the Court’s order would result in 27 a recommendation for dismissal of this action for failure to prosecute and failure to comply with a 28 court order. (Id.) Plaintiff failed to file an amended complaint or otherwise communicate with the Court, and the deadline to do so has expired. II. Lack of Subject Matter Jurisdiction A. Screening Requirement The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity…