Chad Whittington v. State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 CHAD WHITTINGTON, ) Case No. CV 23-6211-MWF (JPR) ) 11 Plaintiff, ) ORDER DISMISSING ACTION FOR ) FAILURE TO PROSECUTE AND FAILURE 12 v. ) TO STATE A CLAIM ) 13

STATE OF CALIFORNIA, )

) 14 Defendant. ) ) 15 ) 16 On July 31, 2023, Plaintiff filed a civil-rights Complaint 17 challenging the state court’s finding that he was incompetent to 18 stand trial. On October 13, the Court dismissed the Complaint 19 with leave to amend, explaining that Plaintiff had failed to 20 state a claim. Meanwhile, however, Plaintiff was apparently 21 found competent once again and was transferred back to jail from 22 the state hospital to await trial. The Court gave Plaintiff 28 23 days to file an amended complaint, but to date he has neither 24 done so nor requested an extension of time. In the order 25 dismissing the Complaint with leave to amend, the Court warned 26 him that if he “fail[ed] to timely file a sufficient” amended 27 complaint, his lawsuit could be dismissed. 28 1 1 Carey v. King, 856 F.2d 1439, 1440-41…