DISMISSAL ORDER

XAVIER RODRIGUEZ, District Judge.

Plaintiff Joshua Duane Barnes's ("Barnes") Civil Rights Complaint ("Complaint") pursuant to 42 U.S.C. § 1983 was dismissed without prejudice on October 29, 2019. (ECF Nos. 1, 27-28). Barnes timely filed a "Motion to Alter or Amend Judgment and Request for Leave to Amend Complaint." (ECF No. 29); see FED. R. CIV. P. 59. On December 2, 2019, the Court granted Barnes's motion, ordered its October 29, 2019 "Memorandum Opinion and Order Granting Defendants' Motion to Dismiss Plaintiff's Civil Rights Complaint" and accompanying "Final Judgment vacated, and ordered the case reopened. (ECF Nos. 27, 28, 30). In that same order, the Court ordered Barnes to "file an amended complaint in this Court" on or before January 2, 2020. (ECF No. 30). Barnes was advised that if he failed to file an amended complaint as ordered, his action could be dismissed for failure to prosecute and failure to comply with the Order. (Id.); see FED. R. CIV. P. 41(b). To date, Barnes has not filed an amended complaint nor otherwise responded to this Court's order.

IT IS THEREFORE ORDERED that Barnes's section 1983 Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE pursuant to FED. R. CIV. P. 41(b) for failure to prosecute and failure to comply with the Court's Order requiring Barnes to file an amended complaint on or before January 2, 2020. (ECF No. 30) and for the reasons previously stated in this Court's October 29, 2019 Memorandum Opinion and Order Granting Defendants' Motion to Dismiss and Dismissing Plaintiff's Civil Rights Complaint (ECF No 27) and accompanying Final Judgment (ECF No. 28).