Kellen J. Clarke v. City of Atascadero Police Department

1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. CV 19-5112 -ODW (MRW) 13 KELLEN CLARKE,

ORDER DISMISSING ACTION

14 Plaintiff,

WITH PREJUDICE

15 v. 16 CITY OF ATASCADERO POLICE DEPARTMENT, et al., 17 Defendants. 18 19 The Court dismisses the action with prejudice for failure to prosecute and 20 for failure to respond to court orders. 21 * * * 22 1. This is a pro se civil rights action. Plaintiff alleges that several 23 members of the Atascadero police department used excessive force against him 24 during a 2018 arrest. (Complaint at 5-6.) 25 2. Magistrate Judge Wilner reviewed Plaintiff’s complaint. 28 U.S.C. 26 § 1915(e)(2). (Docket # 5.) Judge Wilner authorized service of the complaint 27 on three individual officers (Virgil, Mobley, and Meyers). 28 U.S.C. § 1915(d). 28 1 The action was dismissed with leave to amend against other parties. All 2 “official capacity” claims were also dismissed. 3 3. Judge Wilner’s screening order directed the U.S. Marshals Service 4 to serve the complaint on the defendants on Plaintiff’s behalf. However, the 5 …