Moreno

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE RIGOBERTO MORENO, Case No. 20-cv-02082-WHO

Plaintiff,

ORDER DISMISSING SECTION 1983

v. CLAIM WITH PREJUDICE

PERKINS WILL, INC., et al., Re: Dkt. Nos. 33, 34, 35, 37, 38 Defendants.

12 On July 16, 2020, after reviewing pro se plaintiff Jose Rigoberto Moreno’s amended complaint (“Complaint”) and the evidence that he submitted in connection with it, I found that Moreno’s Complaint failed to state a claim on which relief may be granted and dismissed it. Dkt. No. 31. However, because it appeared possible that he may be able to state a 42 U.S.C. § 1983 claim based upon use of excessive force, I dismissed the Complaint without prejudice and gave Moreno the opportunity to file an amended complaint by August 17, 2020. Id. After approximately four months with no response from Moreno, on November 20, 2020, I dismissed this action for failure to prosecute and comply with court orders pursuant to Federal Rule of Civil Procedure 41(b). …