Michael Thomas LeKeith Braggs v. San Diego Sheriff's Department and San Diego Deputy Sergeant Q. Brock

Summary

The United States District Court for the Southern District of California dismissed Michael Thomas LeKeith Braggs’s 42 U.S.C. § 1983 action against the San Diego Sheriff’s Department and a deputy sergeant. The court dismissed the action for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1), and for failure to prosecute after Braggs did not file a required Second Amended Complaint.

Holdings

1. The action must be dismissed for failure to state a claim upon which relief can be granted under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1).
2. The action must also be dismissed for failure to prosecute because Plaintiff did not comply with the court's order requiring him to file a Second Amended Complaint by the specified deadline.

Questions Presented

1. Whether the action should be dismissed for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1).
2. Whether the action should be dismissed for failure to prosecute when Plaintiff did not comply with the order requiring him to file a Second Amended Complaint.

Disposition

dismissed