Watts v. Epps ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANTE WATTS, Case No. 24-cv-03913-JSC 8 Plaintiff, ORDER OF DISMISSAL v. 9 10 DAVID EPPS, Defendant. 11 12 On September 4, 2024, the Court dismissed Plaintiff’s civil rights complaint for failure to 13 present a cognizable claim for relief. (ECF No. 5.) Plaintiff was granted until October 4, 2024, to 14 file an amended complaint, and warned that if he did not file an amended complaint that cured the 15 deficiencies in his original complaint, the case would be dismissed. (Id. at 4.) Plaintiff has not 16 filed an amended complaint, and the deadline to do so has passed. 17 On October 23, 2024, the Court received a letter from Plaintiff stating that he 18 “understand[s]” that he “was needing fix on exhausting administrative remedies,” and that he “sent 19 San Quentin the copy of the court paper work attorney at law prison law office to get help.” (ECF 20 No. 7.) He states that “they never sent my court paper work back so I can exhaust my remedies” 21 and that “they won’t give me my mail I sent to my family with court paper work.” (Id.) He 22 requests his “petition” so he “can get it remedies exhausted.” (Id.) The order of dismissal with 23 leave to amend did not require exhaustion of administrative remedies, but rather that Plaintiff file 24 an amended complaint in which he seeks a form of relief available to him in this civil rights 25 action. (ECF No. 5 at 3.) Therefore, the letter, which was filed well after the deadline to amend, 26 does not excuse his failure to file a timely amended complaint that cures the deficiencies in his 27 complaint or to request a timely extension of time to do so. 1 section 1983 claim for damages. See WMX Technologies v. Miller, 104 F.3d 1133, 1136 (9th Cir. 2 1997) (when complaint has been dismissed with leave to amend and plaintiff does not amend, 3 further district court determination is necessary). It is dismissed without prejudice to the extent he 4 || intended to bring a habeas petition. 5 The Clerk shall enter judgment and close the file. 6 IT IS SO ORDERED. 7 Dated: November 12, 2024 8 9 net JAQ@QUBLINE SCOTT CORLEY 10 United States District Judge 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28