California Case Summaries

Mario Patino v. D. Dominguez et al. — Prisoner’s civil rights action dismissed without prejudice for failure to state a claim and failure to prosecute

Unreported / Non-Citable

Case
Mario Patino v. D. Dominguez et al.
Court
U.S. District Court — Southern District of California
Judge
Cynthia Bashant (Barack Obama, 2014)
Date decided
2026-11-03
Docket No.
3:25-cv-00589
Topics
civil procedure, prisoner civil rights, failure to state a claim, failure to prosecute, pro se litigation, 28 U.S.C. § 1915, 28 U.S.C. § 1915A, dismissal without prejudice

Disposition notice

On November 3, 2026, Chief Judge Cynthia Bashant of the U.S. District Court for the Southern District of California dismissed Mario Patino’s 42 U.S.C. § 1983 action without prejudice for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) and for failure to prosecute. Patino, a state inmate proceeding pro se, filed the action in the Central District of California, which granted his in-forma-pauperis motion and transferred the case to the Southern District. The court dismissed the original complaint without prejudice and with leave to amend on June 4, 2025, and dismissed the first amended complaint for failure to state a claim on February 4, 2026. After granting two extensions, the court set June 15, 2026 as the deadline for a second amended complaint and warned that no further extensions would be granted absent extraordinary circumstances and that failure to amend timely would result in dismissal for failure to state a claim and failure to prosecute. Patino did not file a second amended complaint or otherwise contact the court. The Clerk of Court was directed to enter final judgment and close the file.

Read the public order

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