Herndon v. Supreme Power of the Law ( 2023 )

1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 GERROD L. HERNDON, Case No. 23-cv-01117-CRB (PR) 6 Plaintiff, 7 v. ORDER OF DISMISSAL 8 SUPREME POWER OF THE LAW, 9 Defendant(s). 10 Plaintiff, a former state prisoner currently at All Saints Extended Care, an assisted living 11 facility in San Rafael, California, filed a pro se complaint under 42 U.S.C. § 1983 using the court’s prisoner complaint form wherein he alleges “I need to have my case heard in a courtroom 13 || with me present... ECF No. | at 3. He names as defendant “Supreme Power of the Law” (who S 14 || the complaint suggests may be a “clergy pastor”) but sets forth no facts whatsoever describing any 3 15 || wrongdoing or tying defendant (or any other possible defendant) to any wrongdoing. Id. at 1, 2. 16 On May 16, 2023, the court dismissed the complaint with leave to amend for plaintiff “to 5 17 allege a claim for relief under § 1983, if he can.” ECF No. 4 at 2. The court explained that 5 18 plaintiff “must allege specific facts showing how a state actor caused the deprivation of a federal 19 right” and that “[c]onclusory allegations will not do.” Id. (citing Leer v. Murphy, 844 F.2d 628, 0 634 (9th Cir. 1988)). The court also warned plaintiff that “[f]ailure to file a proper amended complaint within [28 days] will result in the dismissal of this action.” Id. at 2. More than 28 days have passed since the court’s May 16, 2023 order and plaintiff has 53 neither filed an amended complaint nor sought an extension of time to do so. This action 34 accordingly is DISMISSED without prejudice and the clerk is instructed to close the case. 35 IT ISSO ORDERED. Dated: June 16, 2023 BE 27 CHARLES R. BREYER 28 United States District Judge