Chad Whittington v. State of California

UNITED STATES DISTRICT COURT 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 )

STATE OF CALIFORNIA, )

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