Unknown
Clifford C. Loyer v. Unknown
Opinion
Trial Court Opinion
I. INTRODUCTION
18 On March 24, 2023, Plaintiff Clifford Chaun Loyer (“Plaintiff”), a California 19 pretrial detainee proceeding pro se, initiated this civil rights action pursuant to 42 20 U.S.C. § 1983. Dkt. No. 1. On May 22, 2023, the Court dismissed the First Amended 21 Complaint, the operative complaint, with leave to amend within 30 days (“May 22, 22 2023 Order”). Dkt. No. 10. The Court cautioned Plaintiff that failure to timely file 23 an amended complaint “may result in the dismissal of this action with or without 24 prejudice on the grounds of . . . failure to diligently prosecute.” Id. The May 22, 25 2023 Order was returned undelivered. See Dkt. No. 12. The Court re-sent its order 26 on July 6, 2023, to Plaintiff’s current address. See Dkt. No. 13. To date, Plaintiff 27 has not filed an amended complaint or otherwise been in communication with the 28 Court. For the reasons set forth below, the Court dismisses this action without prejudice for failure to prosecute. II. DISCUSSION Federal Rule of Civil Procedure 41 (“Rule 41”) governs the dismissal of federal actions. Rule 41(b) grants district courts authority to dismiss actions for 6 …