Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 WAYNE JOSEPH RICHARDSON, Case No.: 3:25-cv-3416-JES-LR CDCR #D-11329, 12 ORDER DISMISSING ACTION FOR Plaintiff, 13 FAILURE TO STATE A CLAIM vs. AND FAILURE TO PROSECUTE 14 CALIFORNIA CORRECTIONAL 15 HEALTH CARE SERVICES, 16 DR. E. ESTOCK and DR. QUANG VO, Defendants. 17 18 19 20 On November 24, 2025, Plaintiff Wayne Joseph Richardson, a state inmate 21 proceeding pro se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983, along with 22 a motion to proceed in forma pauperis (“IFP”). ECF Nos. 1-2. Plaintiff alleged medical 23 malpractice for being incorrectly diagnosed with and treated for Lupus for more than 24 thirteen years. ECF No. 1 at 2. 25 On March 17, 2026, the Court granted Plaintiff leave to proceed IFP and dismissed 26 the Complaint without prejudice for failure to state a claim. ECF No. 3 at 4-5, citing Estelle 27 v. Gamble, 429 U.S. 97, 106 (1976) (“Medical malpractice does not become a 28 constitutional violation merely because the victim is a prisoner.”) and Farmer v. Brennan, 1 U.S. 825, 835 (1994) (holding that “[D]eliberate indifference [necessary to state an 42 2 || U.S.C. § 1983 denial of medical care claim] describes a state of mind more blameworthy 3 ||than negligence” and “more than ordinary lack of due care for the prisoner’s interests or 4 || safety.”) 5 Plaintiff was instructed on the requirements for stating a § 1983 claim and granted 6 || leave to amend on or before May 1, 2026. Jd. at 5-7. Plaintiff was further instructed that 7 || failure to amend would result in dismissal of this action for failure to state a claim and 8 || failure to prosecute. Jd. at 7-8, citing Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) 9 || (“If a plaintiff does not take advantage of the opportunity to fix his complaint, a district 10 ||} court may convert the dismissal of the complaint into dismissal of the entire action.”) 11 As of the date of this Order Plaintiff has not filed an amended complaint, nor has he 12 contacted the Court. Accordingly, the Court DISMISSES this action without prejudice for 13 ||failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. 14 |1§§ 1915(e)(2)(B)(ii) & 1915A(b)(1), and for failure to prosecute. The Clerk of Court shall 15 || enter final judgment accordingly and close the file. 16 IT IS SO ORDERED. 17 18 Dated: June 16, 2026 “4 wet Sn 4, 19 Honorable James E. Simmons Jr 20 United States District Judge 21 22 23 24 25 26 27 28 2 oe □□