Terrell Moreno Jones v. San Diego Sheriff's Dep't

Summary

The United States District Court for the Southern District of California dismissed Terrell Moreno Jones’s pro se civil rights action under 42 U.S.C. § 1983. The court dismissed the action with prejudice for failure to state a claim and failure to prosecute after Jones did not file an amended complaint as ordered, and certified that an appeal in forma pauperis would not be taken in good faith.

Holdings

1. The action was dismissed with prejudice because the complaint failed to state a claim upon which relief under § 1983 could be granted.
2. The action was dismissed under Rule 41(b) because Jones failed to file an amended complaint or otherwise respond to the court's order.
3. The court certified that an appeal in forma pauperis would not be taken in good faith.

Questions Presented

1. Whether the action should be dismissed under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim.
2. Whether the action should be dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and comply with the court's order requiring amendment.
3. Whether an appeal in forma pauperis would be taken in good faith under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed