Toussaint

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FRITZ GERALD TOUSSAINT, Case No. 23-cv-0256-BAS-WVG

Plaintiff,

ORDER DISMISSING ACTION

v. WITHOUT PREJUDICE ERNEST J. DRONENBURG Defendant. 16 Plaintiff Fritz Gerald Toussaint, proceeding pro se, commenced this Section 1983 action in February 2023. (Compl., ECF No. 1.) That same day, he applied for in forma pauperis status. (IFP App., ECF No. 2.) On June 30, 2023, this Court approved Plaintiff’s IFP Application, but dismissed without prejudice the Complaint for failure to state a claim and frivolity under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). (Order, ECF No. 6.) It ordered Plaintiff to file his First Amended Complaint “by no later than July 28, 2023,” and warned “that failure to timely file a First Amended Complaint or seek an extension of time to do so will result in dismissal of this action.” (Id. at 9:17–22.) Plaintiff’s deadline to file his First Amended Complaint has come and gone, yet he has…