Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MAKSIM VASECHKO, Case No.: 25cv1290-LL-VET 12 Plaintiff, ORDER DISMISSING CIVIL 13 vs. ACTION FOR FAILURE TO PROSECUTE 14 15 U.S. DEPARTMENT OF HOMELAND SECURITY; IMPERIAL REGIONAL 16 DETENTION FACILITY, 17 Defendants. 18 19 20 21 On May 16, 2025, Maksim Vasechko (“Plaintiff”), filed a civil rights action and a 22 Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). See ECF 23 Nos. 1–2. The Court granted Plaintiff’s IFP motion but dismissed the original complaint 24 without prejudice for failure to state a claim. ECF No. 3. The Court granted Plaintiff leave 25 to file an amended complaint no later than October 6, 2025. See id. at 6. The Court also 26 cautioned Plaintiff that a failure to respond to the Court’s dismissal order by failing to file 27 an amended complaint would result in the Court entering a final order of dismissal of this 28 action. Id. at 6–7. 1 DISCUSSION 2 The time for Plaintiff to respond to the Court’s Order has passed and the Court has 3 ||received no communication from Plaintiff since the Court’s dismissal order. “The failure 4 the plaintiff eventually to respond to the court’s ultimatum—either by amending the 5 ||complaint or by indicating to the court that [he] will not do so—is properly met with the 6 || sanction of a Rule 41(b) dismissal.” Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 7 2004); Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (the Court has discretion 8 sua sponte dismiss a case for lack of prosecution or failure to comply with a court order); 9 || see also Fed. R. Civ. P. 41(b) (providing for involuntary dismissal for failure to prosecute 10 comply with the federal rules or court order). 11 CONCLUSION AND ORDER 12 The Court DISMISSES this civil action in its entirety based on Plaintiff's failure to 13 a plausible claim and his failure to prosecute this action. The Court DIRECTS the 14 || Clerk to enter a final judgment of dismissal and close the file. 15 IT IS SO ORDERED. 16 || Dated: January 8, 2026 NO 17 DE 18 Honorable Linda Lopez 19 United States District Judge 20 21 22 23 24 25 26 27 28 2 ee