Holmes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANDRE LAMAR HOLMES, Case No.: 3:23-cv-1329-DMS-LR Booking No. 23724431

ORDER DISMISSING CIVIL

Plaintiff, ACTION FOR FAILURE TO vs. PROSECUTE

SAN DIEGO SHERIFF DEPARTMENT,

SOUTH BAY DETNETION FACILITY,

ALVARADO, Deputy, Defendants.

I. INTRODUCTION On July 13, 2023, Andre Lamar Holmes (“Plaintiff”), an inmate proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, along with an application to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. Plaintiff alleged Defendants violated his constitutional right to due process and to be free from cruel and unusual punishment. See generally, ECF No. 1. On October 10, 2023, the Court granted Plaintiff’s IFP motion but dismissed the complaint without prejudice for failure to state a claim. See ECF No. 3. Plaintiff was given forty-five (45) days to file an Amended Complaint that cured the 28 …