Danna Vongamath et al v. The Sharvanian Law Firm et al

Filing 5

ORDER Dismissing Action Without Prejudice for Lack of Prosecution, Failure to Comply with Court Order & Failure to Pay the Case Filing Fee by Judge Valerie Baker Fairbank: Accordingly, this action is dismissed without prejudice for lack of prosecutio n, failure to comply with court order, and failure to pay the case filing fee. Plaintiff is also advised that the Local Civil Rules of the United States District Court for the Central District of California prohibit letters to the judges. The case shall be terminated (JS-6). IT IS SO ORDERED. Case Terminated. Made JS-6. (shb)

Case 5:22-cv-01954-VBF-ADS Document 5 Filed 01/17/23 Page 1 of 2 Page ID #:19

1
2

JS-6

3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

WESTERN DIVISION
____________________________________
)
DANNA VONGAMATH,
)
)
Plaintiff,
)
)
v.
)
)
SHARVANIAN LAW FIRM et al.,
)
)
Defendants.
)
___________________________________ )

No. ED CV 22-01954-VBF-ADS
ORDER
Dismissing Action Without Prejudice
for Lack of Prosecution, Failure to
Comply with Court Order & Failure
to Pay the Case-Filing Fee

18

On November 3, 2022, proceeding pro se, plaintiff Danna Vongamath constructively

19

filed the complaint initiating this 42 U.S.C. section 1983 civil-rights action on behalf of

20

himself and his son, listed in the caption as A.I.L. See CM/ECF System Document (“Doc”)

21

1. On November 7, 2022, the Clerk’s Office issued a Form CV-93 Notice re: Discrepancies

22

in Filing of Civil Rights Complaint (Doc 3), advising plaintiff that he had not paid the

23

appropriate filing fee. The Notice further advised plaintiff that he had thirty days to either

24

pay the filing fee or file a Form CV-60 Request to Proceed Without Prepayment of Filing

25

Fees with Declaration in Support. Finally, the Notice warned plaintiff that if he did not

26

respond within thirty days from the date of the Notice, “your action may be dismissed.”

27

Not counting the day that the Notice was issued (November 7, 2022), the thirty days

28

started running on November 8, 2022 and ended at midnight on December 7, 2022. That

Case 5:22-cv-01954-VBF-ADS Document 5 Filed 01/17/23 Page 2 of 2 Page ID #:20

1

deadline elapsed well over a month ago, yet plaintiff has neither paid the case filing fee nor

2

submitted a Form CV-60 request to proceed without prepayment.

3

Instead, plaintiff mailed a letter to the Court, which was docketed on December 15,

4

202 (Doc 4). The letter contained often disjointed, incoherent, or unclear allegations against

5

Sharvanian Law Firm and apparently local police for stalking and harassing him, and he

6

requests injunctive relief against the Sharvanian Law Firm “and all Sharvanians.”

7

On page two of the letter, plaintiff refers without explanation to “a bomb going off”

8

and states that he needs a background check, perhaps on the mayor of Eastvale, California.

9

See Doc 4 at 3. Plaintiff then alleges that Sharvanian Law Firm “had the fire department on

10

pay” and observes, without explanation, “PS Money also for hire.” Doc 4 at 2-3. Plaintiff

11

next alleges that the CHP and the “Riverside Norco Sheriff’s Department” grow marijuana

12

and watch “mafia” growing marijuana. He states, “I used to work for them growing weed,

13

and they told me they were paying the Sheriff’s Department”, and charges that “they are

14

premedit[]ating to kill me walking home from jail.” Doc 4 at 3. He fails to make clear

15

whether “they” are the Sharvanians, Sheriff’s Department, CHP, or someone else.

16

Plaintiff concludes the letter by requesting “a gen[e]ral pardon” for unspecified

17

putative convictions or illegal conduct “to protect myself and my family”, alleging that an

18

unspecified “they alre[a]dy killed my fat[h]er’s family - and his children.” Doc 4 at 5.

19
20
21
22
23

Accordingly, this action is dismissed without prejudice for lack of prosecution,
failure to comply with court order, and failure to pay the case filing fee.
Plaintiff is also advised that the Local Civil Rules of the United States District
Court for the Central District of California prohibit letters to the judges.
The case shall be terminated (JS-6). IT IS SO ORDERED.

24
25

Dated: January 18, 2023

26

______________________________

27

Honorable Valerie Baker Fairbank
Senior United States District Judge

28
2