Summary
The United States District Court for the Eastern District of California ordered pro se Plaintiff Soraya Maria Rigor to show cause why the action should not be dismissed. The court noted that Plaintiff failed to file an amended complaint addressing defects identified in the prior screening order, including failure to state a claim, apparent untimeliness, and potential Heck v. Humphrey preclusion.
Holdings
- When a plaintiff fails to comply with an order granting time to amend a deficient complaint, the court may require the plaintiff to show cause why dismissal should not be recommended and may permit the plaintiff to cure the failure by filing a compliant amended complaint.
Questions Presented
- Whether plaintiff should be ordered to show cause why the action should not be recommended for dismissal after failing to file an amended complaint addressing deficiencies identified in the court's screening order.
Disposition
other
Cases Cited (1)
- Heck v. Humphrey, 512 U.S. 477, 483–87 (1994)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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