McDaughtery v. Arce

Summary

The United States District Court for the Northern District of California dismissed the plaintiff's civil rights case with prejudice after he failed to file an amended complaint within the time allowed. The court directed the Clerk to enter judgment and close the case.

Holdings

1. When a complaint has been dismissed with leave to amend and the plaintiff fails to amend within the permitted period, the district court may dismiss the action with prejudice after making the necessary further determination.

Questions Presented

1. Whether the action should be dismissed with prejudice after Plaintiff failed to amend his complaint within the court-ordered period after dismissal with leave to amend.

Disposition

dismissed