Michael Thomas Lekeith Braggs v. San Diego Sheriff’s Department and San Diego Deputy Sergeant Q. Brock
- Proceeding
- district
- Area
- civil
- Panel
- Ruth Bermudez Montenegro (author)
Analysis
The court reviewed a pro se prisoner's civil rights complaint that had been previously dismissed for failure to state a claim, with the plaintiff given leave to amend but failing to file a Second Amended Complaint by the deadline. The court dismissed the entire action with prejudice for failure to state a claim and failure to prosecute.
| What the court decided | The model |
|---|---|
Dismissal of the action for failure to state a claim and failure to prosecute“Accordingly, the Court DISMISSES this action for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(1) & 1915A(b)(1), and for failure to prosecute.” | agree with court The court previously dismissed the complaint without prejudice and granted leave to amend. The plaintiff failed to file the required Second Amended Complaint by the deadline. Under Ninth Circuit precedent, a district court may convert a dismissal of a complaint into a dismissal of the entire action if the plaintiff fails to take advantage of the opportunity to fix the complaint. The court correctly applied this principle to dismiss the action. |
The order itself: sound — The order is procedurally sound. It recites the history of the case, including the initial dismissal without prejudice and the deadline for amendment. It correctly cites Lira v. Herrera for the proposition that failure to amend after being given leave allows the court to dismiss the entire action. The application of 28 U.S.C. §§ 1915(e)(2)(B)(1) and 1915A(b)(1) is appropriate for a pro se prisoner case that fails to state a claim.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL THOMAS LEKEITH Case No.: 24-cv-01772-RBM-VET BRAGGS, 12 BOOKING #24723149, ORDER DISMISSING ACTION FOR 13 FAILURE TO STATE A CLAIM Plaintiff, AND FAILURE TO PROSECUTE 14 vs. 15 SAN DIEGO SHERIFF’S 16 DEPARTMENT and SAN DIEGO DEPUTY SERGEANT Q. BROCK, 17 Defendants. 18 19 20 On October 3, 2024, Plaintiff Michael Thomas LeKeith Braggs, an inmate at the 21 George Bailey Detention Facility in Santee, California, proceeding pro se, filed a civil 22 rights Complaint pursuant to 42 U.S.C. § 1983 claiming he was subjected to the excessive 23 use of force while being booked into the San Diego Central Jail. (Doc. 1.) He also filed a 24 Motion to Proceed In Forma Pauperis (“IFP”). (Doc. 2.) 25 On October 28, 2024, the Court granted Plaintiff leave to proceed IFP and dismissed 26 the Complaint without prejudice for failure to state a claim. (Doc. 3.) On November 29, 27 2025, Plaintiff filed a First Amended Complaint and a second motion to proceed IFP. 28 (Docs. 4–5.) On May 9, 2025, the Court denied the second IFP motion as moot and 1 || dismissed the First Amended Complaint for failure to state a claim. (Doc. 7.) Plaintiff was 2 ||instructed that unless he filed a Second Amended Complaint on or before June 20, 2025, 3 ||the Court would enter a final Order dismissing this civil action based both on □□□□□□□□□□□ 4 ||failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 5 |1§§ 1915(e)(2)(B)ai) & 1915A(b)(1), and failure to prosecute in compliance with a court 6 || order requiring amendment. (/d. at 6 (citing Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 7 2005) (“If a plaintiff does not take advantage of the opportunity to fix his complaint, a 8 district court may convert the dismissal of the complaint into dismissal of the entire 9 || action.”’).) 10 As of the date of this Order Plaintiff has not filed a Second Amended Complaint, 11 || Accordingly, the Court DISMISSES this action for failure to state a claim upon which 12 relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(1) & 1915A(b)(1), and for 13 || failure to prosecute. The Clerk of Court shall enter final judgment accordingly and close 14 || the file. 15 IT IS SO ORDERED. 16 ||Dated: January 28, 2026 RR Gs ? L > i HON. RUTH BERMUDEZ MONTENEGRO 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 AA. A1IAAID □□□□□ WoT