Raul Hernandez v. County of Riverside

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 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 ) 16 Plaintiff filed this civil-rights action in January 2021. 17 The Magistrate Judge dismissed it with leave to amend for failure 18 to state a claim. Instead of filing an amended complaint, he 19 appealed to the Ninth Circuit, which eventually dismissed his 20 appeal because there was no final order to appeal from. The 21 Magistrate Judge then ordered Plaintiff to file an amended 22 complaint complying with the earlier dismissal order, and he 23 again filed another document instead, a request “to submit briefs 24 without oral argument.” His deadline to file an amended 25 complaint was June 14 and he still has not done so or requested 26 an extension of time. 27 Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (per 28 curiam), examined when it is appropriate to dismiss a pro se 1 1 …