David Rivas v. MCC San Diego; Jason Burganson

Summary

The United States District Court for the Southern District of California dismissed David Rivas’s Bivens civil action against MCC San Diego and Correctional Officer Jason Burganson. The court dismissed the action for failure to state a claim and failure to amend or prosecute after Plaintiff did not file an amended complaint by the court-ordered deadline. The court directed entry of final judgment and certified that an appeal in forma pauperis would not be taken in good faith.

Holdings

1. A district court may sua sponte dismiss an action under Federal Rule of Civil Procedure 41(b) when a plaintiff fails to comply with a court order to amend or otherwise fails to prosecute, after weighing the applicable dismissal factors. Because the court had clearly warned Rivas that failure to amend would result in dismissal and the relevant factors supported dismissal, final dismissal was warranted.
2. Dismissal of the civil action for failure to state a claim was warranted under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1), where the complaint had already been screened and dismissed and plaintiff failed to file an amended pleading.
3. The court certified that an appeal in forma pauperis would not be taken in good faith.

Questions Presented

1. Whether the court should dismiss the action under Federal Rule of Civil Procedure 41(b) because plaintiff failed to amend his complaint as ordered and failed to prosecute.
2. Whether the action should be dismissed for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1).
3. Whether plaintiff's in forma pauperis appeal should be certified as not taken in good faith under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed