Contreras

Contreras v. Mote

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20201:20-cv-00366California1,146 words

Opinion

Trial Court Opinion

I. BACKGROUND

15 On March 10, 2020, Plaintiff filed the complaint in this case against Defendants. (Doc. 1.) 16 On April 30, 2020, Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (Doc. 17 4.) On July 13, 2020, the Court granted Defendants’ motion to dismiss, dismissed Plaintiff’s 18 complaint, and granted Plaintiff leave to file an amended complaint within 21 days of the date of 19 service of the Order. (Doc. 20.) The Court warned Plaintiff that if he did not file an amended 20 complaint in accordance with the directives in the order within the specified time, “leave to amend 21 will be withdrawn and the case will be dismissed without further notice.” (Doc. 20 at 16.) Plaintiff 22 failed to file an amended complaint by the deadline or otherwise respond to the Court’s Order. 23 Due to Plaintiff’s pro se status, the ongoing coronavirus (COVID-19) pandemic and 24 associated delays in mailing, the Court issued an order on August 13, 2020, for Plaintiff to show 25 cause (“OSC”) within twenty-one days why the action should not be dismissed for his failure to 26 comply with the Court’s screening order and for failure to state a claim. …

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