Opinion
SACV 23-1026-MWF (SSC)
08-23-2024
JIM L. BANKS, Plaintiff v. THE PACIFIC CREST TRAIL ASSOCIATION, et al., Defendants.
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE
On July 16, 2024, the Court granted Defendants' Motions to Dismiss, dismissed with prejudice Plaintiff's existing due process claim based on the handling of his administrative complaint, dismissed with prejudice Defendant Holzworth from the action, and dismissed Plaintiff's equal protection claim with leave to amend. (Docket No. 43). The Court allowed Plaintiff to file a second amended complaint (“SAC”) no later than July 30, 2024. (Id.).
To date, Plaintiff has not filed a SAC or otherwise responded to the Court's Order. Accordingly, this action is DISMISSED for failure to prosecute. See Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962).
This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to treat this Order, and its entry on the docket, as an entry of judgment.