Diaz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WILLIAMS,

Case No. 22-cv-06511-YGR (PR) Plaintiff, 8 v. ORDER OF DISMISSAL WITHOUT PREJUDICE RALPH DIAZ, et al., 10 Defendants.

On May 15, 2023, the Court issued an Order of Dismissal with Leave to Amend. Dkt. 9. 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. 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 41(b). See Yourish v. Cal. Amplifier, 191 F.3d 983, 989, 992 (9th Cir.…