Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JESSIE RAY-LYNN HORN, Case No.: 25cv2404-BEN (KSC) CDCR #AX-3772, 12 Plaintiff, ORDER DISMISSING ACTION FOR 13 vs. FAILURE TO STATE A CLAIM AND 14 FAILURE TO PROSECUTE 15 DELATORI, Correctional Officer, 16 Defendant. 17 18 19 On September 10, 2025, Plaintiff Jessi Ray-Lynn Horn, a state prisoner proceeding 20 pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983, along with a Motion to 21 proceed in forma pauperis (“IFP”). (ECF Nos. 1-2.) On October 2, 2025, the Court granted 22 Plaintiff leave to proceed IFP and dismissed the Complaint without prejudice for failure to 23 state a claim. (ECF No. 4.) Plaintiff was instructed that unless he filed an amended 24 complaint on or before November 17, 2025, the Court would enter a final Order dismissing 25 this civil action based both on Plaintiff’s failure to state a claim upon which relief can be 26 granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) & 1915A(b)(1), and failure to prosecute 27 in compliance with a court order requiring amendment. (Id. at 6-7, citing Lira v. Herrera, 28 427 F.3d 1164, 1169 (9th Cir. 2005) (“If a plaintiff does not take advantage of the 1 || opportunity to fix his complaint, a district court may convert the dismissal of the complaint 2 ||into dismissal of the entire action.”’)) 3 As of the date of this Order Plaintiff has not filed an amended complaint, nor has he 4 ||contacted the Court. Accordingly, the Court DISMISSES this action for failure to state a 5 |{claim upon which relief can be granted pursuant to 28 U.S.C. 8§ 1915(e)(2)(B)Gi) & 6 || 1915A(b)(1), and for failure to prosecute. The Clerk of Court shall enter final judgment 7 || accordingly and close the file. 8 IT IS SO ORDERED. 9 || Dated: January 6, 2026 10 Hon.RogerT.Benitez =” ll United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2