Vasechko v. U.S. Department of Homeland Security et al

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25cv1290-LL-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MAKSIM VASECHKO,
Plaintiff,
vs.
U.S. DEPARTMENT OF HOMELAND
SECURITY; IMPERIAL REGIONAL
DETENTION FACILITY,
Defendants.
Case No.: 25cv1290-LL-VET
ORDER DISMISSING CIVIL
ACTION FOR FAILURE TO
PROSECUTE
On May 16, 2025, Maksim Vasechko (“Plaintiff”), filed a civil rights action and a
Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). See ECF
Nos. 1–2. The Court granted Plaintiff’s IFP motion but dismissed the original complaint
without prejudice for failure to state a claim. ECF No. 3. The Court granted Plaintiff leave
to file an amended complaint no later than October 6, 2025. See id. at 6. The Court also
cautioned Plaintiff that a failure to respond to the Court’s dismissal order by failing to file
an amended complaint would result in the Court entering a final order of dismissal of this
action. Id. at 6–7.
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I. 	DISCUSSION
The time for Plaintiff to respond to the Court’s Order has passed and the Court has
received no communication from Plaintiff since the Court’s dismissal order. “The failure
of the plaintiff eventually to respond to the court’s ultimatum—either by amending the
complaint or by indicating to the court that [he] will not do so—is properly met with the
sanction of a Rule 41(b) dismissal.” Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir.
2004); Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (the Court has discretion
to sua sponte dismiss a case for lack of prosecution or failure to comply with a court order);
see also Fed. R. Civ. P. 41(b) (providing for involuntary dismissal for failure to prosecute
or comply with the federal rules or court order).
II. 	CONCLUSION AND ORDER
The Court DISMISSES this civil action in its entirety based on Plaintiff’s failure to
state a plausible claim and his failure to prosecute this action. The Court DIRECTS the
Clerk to enter a final judgment of dismissal and close the file.
IT IS SO ORDERED.
Dated: January 8, 2026
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