Cymeyon V. Hill v. C. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
CYMEYON V. HILL,
Case No. 21-cv-05557-YGR (PR) Plaintiff, ORDER OF DISMISSAL WITHOUT v. PREJUDICE
C. MARTINEZ, et al.,
10 Defendants.
On January 5, 2022, the Court issued an Order Dismissing Complaint with Leave to Amend; and Instructions to Clerk. Specifically, the Court granted plaintiff twenty-eight days from the date of the Order to file an amended complaint to allege facts sufficient to state a cognizable constitutional claim. Plaintiff was warned that the failure to timely file an amended complaint would result in the dismissal of this action for failure to prosecute. The time for plaintiff to file his amended complaint has passed, and no amended complaint has been filed.1 Taking into account the salient factors set forth in Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992), the Court finds that dismissal is warranted under Federal Rule of Civil Procedure 20 21 1 Plaintiff has a filed a document…