Opinion
20-cv-03885-BLF (PR)
11-14-2023
ORDER OF DISMISSAL
BETH LABSON FREEMAN, United States District Judge
Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. Dkt. No. 1. On July 25, 2023, the Court granted Defendants' motion to dismiss the second amended complaint but with leave to file a third amended complaint to correct the deficiencies discussed in the order. Dkt. No. 44. Plaintiff was directed to file a third amended complaint within twenty-eight days from the date the order was filed and advised that failure to respond would result in the dismissal of the action without further notice to Plaintiff. Id. at 17. Thereafter, the Court twice granted Plaintiff's motions of extensions of time with the same warning that failure to respond would result in dismissal of this action. Dkt. Nos. 46, 48.
The last deadline, October 30, 2023, has passed, and Plaintiff has failed to file a third amended complaint in the time provided. Dkt. No. 48 at 1. Accordingly, this action is DISMISSED without prejudice for failure to file a third amended complaint in the time provided.
The Clerk shall terminate all pending motions and close the file.
IT IS SO ORDERED.