1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JEROME MITCHELL, Case No. 3:21-cv-01781-BAS-BLM

CDCR #AL-1076,

11

ORDER DISMISSING CIVIL

Plaintiff, 12 ACTION PURSUANT vs. TO 28 U.S.C. § 1915(e)(2)(B)(ii) AND 13 § 1915A(b)(1) AND FOR FAILING CDCR/AG, et al., 14 TO PROSECUTE IN COMPLIANCE

WITH COURT ORDER

15 Defendants. REQUIRING AMENDMENT 16 17 On October 15, 2021, Jerome Mitchell (“Plaintiff” or “Mitchell”), currently 18 incarcerated at California State Prison, Sacramento, located in Sacramento, California 19 (“CSP-SAC”) and proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. 20 § 1983. (ECF No. 1.) Plaintiff did not prepay the civil filing fee required by 28 U.S.C. 21 § 1914(a). Instead, he filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 22 U.S.C. § 1915(a). (ECF No. 2.) 23 On November 9, 2021, the Court granted Mitchell’s IFP motion and dismissed the 24 case without prejudice and with leave to amend pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 25 § 1915A(b)(1). (ECF No. 3.) Mitchell was given until January 4, 2022, to file a First 26 Amended Complaint that cured the pleading deficiencies outlined in the November 9, 2021 27 Order. Id. 28 More than a month has elapsed since January 4, 2022, but to date, Mitchell has not | || filed an amended complaint nor requested an extension of time. “The failure of the plaintiff 2 || eventually to respond to the court’s ultimatum—ceither by amending the complaint or by 3 || indicating to the court that [he] will not do so—is properly met with the sanction of a Rule 4 ||41(b) dismissal.” Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004). 5 The Court DISMISSES this civil action WITH PREJUDICE, for Plaintiff's failure 6 || to state a claim upon which § 1983 relief can be granted and for his failure to prosecute 7 required by Court’s November 9, 2021 Order. 8 The Court further CERTIFIES that an IFP appeal would not be taken in good faith 9 || pursuant to 28 U.S.C. § 1915(a)(3) and DIRECTS the Clerk to enter a final judgment of 10 || dismissal and close the file. 11 IT IS SO ORDERED. 12 / 13 || DATED: February 10, 2022 (pil A (Lyohaa 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 □□