Heizelman
Heizelman v. Chase Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBET HEIZELMAN, Case No.: 22-cv-1676-GPC-AHG
Plaintiff,
ORDER DISMISSING CIVIL
v. ACTION FOR FAILING TO STATE
A CLAIM AND FOR FAILING TO
CHASE BANK,
PROSECUTE IN COMPLIANCE
Defendant. WITH COURT ORDER REQUIRING
AMENDMENT
17 On February 9, 2023, the Court granted Plaintiff’s motion to proceed in forma 18 pauperis and sua sponte dismissed Plaintiff’s Complaint for failure to state a claim 19 pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). ECF No. 4. The Court directed Plaintiff to file 20 an amended complaint on or before March 17, 2023. Id. Four months have passed since 21 dismissal and nearly three months have passed since Plaintiff’s amended complaint was 22 due. To date, Plaintiff has not filed an amended complaint nor sought an extension of 23 time to file one. See Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004) (“The 24 failure of the plaintiff eventually to respond to the court’s ultimatum—either by 25 amending…