Williams v. Rama

No. 1:25-cv-00232-KES-SAB (E.D. Cal. June 17, 2025) · United States District Court for the Eastern District of California · June 17, 2025 · No. 1:25-cv-00232-KES-SAB

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

  1. 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.
  2. 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

  1. Whether the action should be dismissed under 28 U.S.C. § 1915(e)(2) for failure to state a claim.
  2. 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.
  3. 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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