Opinion
Civil Action 22-4157
04-14-2023
ORDER
EDUARDO C. ROBRENO, J.
AND NOW, this 14th day of April, 2023, upon consideration of Plaintiff's Complaint (ECF No. 1) and Defendant's Motion to Dismiss (ECF No. 8), it is hereby ORDERED that the Motion is GRANTED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE.
It is further ORDERED that Plaintiff may file an amended complaint or a statement that he plans to stand on the original complaint by April 28, 2023. Failure to act by April 28, 2023 will be deemed a decision by Plaintiff that he wishes to stand on his complaint.
If Plaintiff advises the Court that he will stand on his complaint, or fails to so respond by April 28, 2023, the Court will dismiss the case with prejudice due to Plaintiff's failure to state a claim upon which relief can be granted.
AND IT IS SO ORDERED.