Leonard Berry v. Don Barnes

INTRODUCTION

17 On August 4, 2022, Leonard Berry (“Plaintiff”), a state prisoner proceeding 18 pro se and in forma pauperis, filed a civil rights Complaint pursuant to 42 U.S.C. § 19 1983. [Dkt. 1. (“Complaint”)]. A preliminary screening of that Complaint revealed 20 that it was largely unreadable. Accordingly, the Court ordered Plaintiff to submit a 21 legible version of his Complaint so that the Court could complete its screening 22 obligations as required by 28 U.S.C. § 1915A(a) and 42 U.S.C. § 1997e(c)(1) by no 23 later than September 18, 2022. [Dkt. 6.] The Court expressly cautioned Plaintiff 24 that his failure to file a legible Complaint could result in the dismissal of the action. 25 The Clerk served a copy of that Order on Plaintiff directly at the address which he 26 provided to the Court. [Dkt. 6.] 27 28 Case 8:22-cv-01459-FMO-GJS Document Filed 10/19/ Page 2 of Page ID #:

Over a month has expired since Plaintiff’s deadline to respond to the Court or otherwise prosecute this case. Indeed, as of the date of this Order, Plaintiff has not filed a legible copy of his complaint or otherwise prosecuted this case since August 4,…