Benny Carranza v. Ralph Diaz

INTRODUCTION

In December 2020, Benny Carranza (“Plaintiff”), a California state inmate, filed a pro se civil rights complaint under 42 U.S.C. § 1983. See Dkt. 1. On January 12, 2021, the matter was transferred from the Eastern District of California to the Central District. See Dkt. 4. On February 17, the assigned Magistrate Judge dismissed the Complaint with leave to amend. See Dkt. 7. Plaintiff was afforded thirty-five (35) days to decide whether to voluntarily dismiss the matter without prejudice, elect to stand on the Complaint, or file an amended complaint. See id. at 6. Plaintiff was explicitly warned that failure to act could result in dismissal for failure to prosecute. See id. at 7. Plaintiff filed a “Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge” under Federal Rule of Civil Procedure 72(a), which was denied by the Court on April 13, 2021. See Dkt. 9. In order to afford Plaintiff adequate time to cure the deficiencies of the Complaint, Plaintiff's deadline to file an amended complaint was extended to twenty-eight (28) days after service of the Order. See id. at 3. That deadline has passed without any filing from Plaintiff.

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