Burhardt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DARRYL BURGHARDT,

Case No. 21-cv-01068-YGR (PR) Plaintiff, ORDER OF DISMISSAL WITHOUT v. PREJUDICE 8 LOUIS ALVAREZ, et al., 9 Defendants.

On April 25, 2022, the Court issued an Order Dismissing Certain Claims Without Prejudice to Filing in Eastern District; Dismissing Remaining Claims With Leave to Amend; and Denying Plaintiff’s Request for Preliminary Injunction. Specifically, the Court granted plaintiff twenty-eight days to file an amended complaint to correct the deficiencies outlined in its April 25, 2022 Order. 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. 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…