Raul Hernandez v. County of Riverside

Good Law
United States District Court, Central District of CaliforniaJuly 7, 20215:21-cv-00108California649 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 RAUL HERNANDEZ, ) Case No. EDCV 21-0108-DSF (JPR) ) 11 Plaintiff, ) ORDER DISMISSING ACTION FOR ) FAILURE TO PROSECUTE AND FAILURE 12 v. ) TO STATE A CLAIM ) 13 COUNTY OF RIVERSIDE et al., ) ) 14 Defendants. ) ) 15 ) Plaintiff filed this civil-rights action in January 2021. The Magistrate Judge dismissed it with leave to amend for failure to state a claim. Instead of filing an amended complaint, he appealed to the Ninth Circuit, which eventually dismissed his appeal because there was no final order to appeal from. The Magistrate Judge then ordered Plaintiff to file an amended complaint complying with the earlier dismissal order, and he again filed another document instead, a request “to submit briefs without oral argument.” His deadline to file an amended complaint was June 14 and he still has not done so or requested an extension of time. Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (per curiam), examined when it is appropriate to dismiss a pro se 1 1 …

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