Opinion
24-cv-02865-WHO (PR)
11-15-2024
ALBERT BENJAMIN LUCERO JR., Plaintiff, v. JOHN C. BLANEY, M.D., Defendant.
ORDER OF DISMISSAL
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
Plaintiff Albert Benjamin Lucero has not filed an amended complaint by the deadline set by the Honorable Nathanael M. Cousins. (Dkt. No. 7 at 5.) Accordingly, this federal civil rights action is DISMISSED (without prejudice) for failing to comply with the prior Order and for failing to prosecute, see Federal Rule of Civil Procedure 41(b).
Because this dismissal is without prejudice, Lucero may move to reopen. Any such motion must (i) have the words MOTION TO REOPEN written on the first page; and (ii) contain a complaint on this Court's form.
The Clerk shall enter judgment in favor of defendant, and close the file.
IT IS SO ORDERED.