Richard Joseph Ashline v. S. Roberts, Chief Medical Officer
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
The court reviewed a pro se prisoner's civil rights complaint that was previously dismissed without prejudice with leave to amend, but the plaintiff failed to file an amended complaint by the deadline. The court dismissed the action without prejudice for failure to state a claim and failure to prosecute.
| What the court decided | The model |
|---|---|
Dismissal of the action without prejudice for failure to state a claim and failure to prosecute“Accordingly, the Court DISMISSES this action without prejudice for failure to state claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(Gil) & 1915A(b)(1), and for failure to prosecute.” | agree with court The court previously granted leave to amend and warned that failure to do so would result in dismissal of the entire action. The plaintiff failed to file an amended complaint or contact the court by the deadline. Dismissing the action for failure to prosecute is a standard procedural remedy when a plaintiff ignores a court order to amend. |
The order itself: sound — The order correctly applies the procedural rule that a plaintiff who fails to amend a complaint after being given leave and warned of the consequences may have the action dismissed for failure to prosecute. The court cites the appropriate Ninth Circuit authority (Lira v. Herrera) and statutory provisions (28 U.S.C. §§ 1915, 1915A). The reasoning is concise but sufficient for a procedural dismissal based on non-compliance with a court order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICHARD JOSEPH ASHLINE, Case No.: 25-cv-03243-AJB-KSC CDCR #BW-6808, 12 ORDER DISMISSING ACTION FOR Plaintiff, 13 FAILURE TO STATE A CLAIM vs. AND FAILURE TO PROCECUTE 14 S. ROBERTS, Chief Medical Officer, 15 Defendant. 16 17 18 19 On November 7, 2025, Plaintiff Richard Joseph Ashline, a state inmate proceeding 20 pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 along with a motion to 21 proceed in forma pauperis (“IFP”). (Doc. Nos. 1–2.) On January 16, 2026, the Court 22 granted Plaintiff leave to proceed IFP and dismissed the Complaint without prejudice for 23 failure to state a claim upon which relief may be granted. (Doc. No. 3.) Plaintiff was 24 notified of the deficiencies of his pleading and granted leave to amend on or before March 25 2, 2026. (Id. at 6–7.) Plaintiff was informed that if he failed to timely amend, the Court 26 would dismiss this action for failure to state a claim and failure to prosecute. (Id. at 7 27 (quoting Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) (“If a plaintiff does not take 28 advantage of the opportunity to fix his complaint, a district court may convert the dismissal 1 || of the complaint into dismissal of the entire action.”)).) To date, Plaintiff has not filed an 2 ||amended complaint or otherwise contacted the Court. 3 Accordingly, the Court DISMISSES this action without prejudice for failure to state 4 claim upon which relief can be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(Gil) & 5 || 1915A(b)(1), and for failure to prosecute. The Clerk of Court shall enter final judgment 6 || accordingly and close the file. 7 IT ISSO ORDERED. 8 ||Dated: April 3, 2026 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2