Chavarry v. San Diego County Jail Medical Staff

No. 3:24-cv-01411-RSH-VET (S.D. Cal. Feb. 25, 2025) · United States District Court for the Southern District of California · February 25, 2025 · No. 3:24-cv-01411-RSH-VET

Summary

The United States District Court for the Southern District of California dismissed Maurice Terae Chavarry, Jr.'s pro se civil rights action under 42 U.S.C. § 1983 without prejudice. The court dismissed the action under Federal Rule of Civil Procedure 41(b) after the plaintiff failed to file an amended complaint, update his address, or otherwise communicate with the court, and directed the Clerk to close the case.

Holdings

  1. A court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to respond to a court-ordered deadline, fails to prosecute, and fails to comply with a court order.

Questions Presented

  1. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) because plaintiff failed to prosecute the action and failed to comply with the court's order directing him to file an amended complaint.

Disposition

dismissed

Cases Cited (2)

  • Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004)(followed)
  • Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)(followed)

Cited In (0)

No citing cases on record yet.

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