Opinion
20-CV-1890 TWR (LL)
09-15-2021
LEILA MCCOY, Plaintiff, v. SAN DIEGO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES; JENNIFER MOREHOUSE; ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES; MARY BAKER, Defendants.
ORDER DISMISSING ACTION WITHOUT PREJUDICE
Honorable Todd W. Robinson United States District Court
On June 24, 2021, the Court issued an Order granting Plaintiff's Application to Proceed in Forma Pauperis and dismissing Plaintiff's Complaint without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). (See ECF No. 4 at 4-6.) At the conclusion of the June 24, 2021 Order, the Court stated:
Plaintiff SHALL FILE a First Amended Complaint addressing the deficiencies identified above no later than thirty (30) days from the date this Order is filed. If Plaintiff fails to file a First Amended Complaint within the time provided, the Court will enter an order dismissing this civil action based both on Plaintiff's failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. Section 1915(e)(2)(B) and her failure to prosecute in compliance with a court order requiring amendment.
(Id. at 7.) On July 13, 2021, the copy of the June 24, 2021 Order that was mailed to Plaintiffs address of record was returned by the Post Office as undeliverable. (See ECF No. 5.) The docket reflects that Plaintiff has failed to respond to the June 24, 2021 Order or to apprise the Court of her current address. (See generally Docket.)
Accordingly, pursuant to Federal Rule of Civil Procedure 41(b) and Civil Local Rules 41.1(b) and 83.11(b), the Court DISMISSES WITHOUT PREJUDICE this action for failure to prosecute and failure to comply with the Court's June 24, 2021 Order. The Clerk of the Court SHALL CLOSE the file.
IT IS SO ORDERED.