Summary
The United States Magistrate Judge recommends dismissing Ahkeem Williams’s pro se action against Rasaei Rama and others without prejudice. The recommendation is based on failure to state a claim, failure to prosecute, and failure to comply with the court’s order requiring a second amended complaint. The document also advises that objections may be filed within 14 days.
Holdings
- The action should be dismissed because the amended complaint failed to state a claim for which relief could be granted, despite the court's prior explanation of the pleading deficiencies and opportunity to amend.
- Dismissal without prejudice was warranted under Federal Rule of Civil Procedure 41(b) because plaintiff failed to prosecute the action and failed to comply with the court's order.
Questions Presented
- Whether the action should be dismissed under 28 U.S.C. § 1915(e)(2) for failure to state a claim.
- Whether the action should be involuntarily dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with a court order.
- Whether dismissal without prejudice is an appropriate lesser sanction under the circumstances.
Disposition
other
Cases Cited (11)
- Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998)(followed)
- Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889-90 (9th Cir. 2019)(followed)
- Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987)(followed)
- Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
- Yourish v. California Amplifier, 191 F.3d 983, 990-91 (9th Cir. 1999)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 644 (9th Cir. 2002)(followed)
- Sibron v. New York, 392 U.S. 40, 57 (1968)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)(followed)
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Cited In (0)
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Court Document
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