Zaragoza v. Conway ( 2020 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 FRANCISCO JAVIER ZARAGOZA, 6 Case No. 19-cv-04272-YGR (PR) Plaintiff, 7 v. ORDER OF DISMISSAL 8 CONWAY, 9 Defendant. 10 11 On October 28, 2019, the Court issued an Order of Dismissal With Leave to Amend. 12 Specifically, the Court granted Plaintiff twenty-eight days from the date of the Order to file an 13 amended complaint to correct deficiencies in his original complaint. Plaintiff was warned that the 14 failure to timely file an amended complaint would result in the dismissal of this action. The time 15 for Plaintiff to file his amended complaint has passed, and no amended complaint has been filed. 16 Taking into account the salient factors set forth in Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th 17 Cir. 1992), the Court finds that dismissal is warranted under Federal Rule of Civil Procedure 18 41(b).1 See Yourish v. Cal. Amplifier, 191 F.3d 983, 989, 992 (9th Cir. 1999) (affirming dismissal 19 of action following plaintiff's failure to amend complaint after receiving leave to do so, where the 20 interest in expeditious resolution of litigation, the court's management of its docket, and avoiding 21 prejudice to defendants favored dismissal). 22 Accordingly, IT IS HEREBY ORDERED that the complaint in the above-captioned 23 action is DISMISSED. 24 1 If and when Plaintiff is prepared to pursue his claims, he may file a new civil rights 25 action. The limitations period to file a section 1983 action in California is two years, but it is tolled for up to two years during a continuous period of incarceration. See Silva v. Crain, 169 F. 26 3d 608, 610 (9th Cir. 1999) (holding, pursuant to Cal. Civ. Proc. Code § 340(3), that the limitations period for filing a section 1983 action in California is one year); S.B. 688 (amending 27 Cal. Civ. Proc. Code § 340(3) and adding section 335.1 to establish two-year residual limitations 1 The Clerk of the Court shall terminate all pending motions and close the file. 2 IT IS SO ORDERED. 3 || Dated: January 16, 2020 4 Y NE GONZALEZ ROGERS 5 United States District Court Judge 6 7 8 9 10 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28