Darnell Black Sr. v. Ralph Diaz

I. INTRODUCTION

18 On October 5, 2020, Plaintiff Darnell Black, Sr. (“Plaintiff”) filed a Complaint 19 pursuant to 42 U.S.C. § 1983 in the Eastern District of California. Dkt. No. 1. 20 Plaintiff’s request to proceed in forma pauperis was granted. Dkt. No. 8. On August 21 9, 2021, the action was transferred to this district. Dkt. No. 21. After screening, the 22 Court dismissed the Complaint with leave to amend (“August 12, 2021 order”). Dkt. 23 No. 24. The Court’s August 12, 2021, gave Plaintiff 30 days to file an amended 24 complaint and warned Plaintiff that failure to file an amended complaint would result 25 in dismissal of this action for failure to prosecute. Id. On September 29, 2021, when 26 Plaintiff did not file an amended complaint by the court-ordered deadline, the Court 27 issued an order to show cause (“OSC”) within 30 days why this action should not be 28 dismissed. Dkt. No. 25. The OSC provided that Plaintiff could discharge the order by filing an amended complaint on or before the OSC’s deadline. Id. Plaintiff did not respond to the OSC. II. DISCUSSION Federal Rule of Civil Procedure 41 (“Rule 41”) governs the dismissal of 6 …