Jenkins v. Sacramento County Sheriff's Department et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2018 DIRECTING plaintiff to pay the Clerk of Court, within 21 days of this order, $100.00 in monetary sanctions for failure to comply with the court's orders. Within 21 days of this order, plaintiff shall SHOW CAUSE in writing why this action should not be dismissed with prejudice. Within 21 days of this order, plaintiff shall file a first amended complaint in compliance with the court's April 3, 2018 order. Alternatively, and in lieu of paying the monetary sanctions, responding to the order to show cause, and filing a first amended complaint, plaintiff may instead file a notice of voluntary dismissal of the action without prejudice within 21 days of this order. (York, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMAL A. JENKINS, 12 Plaintiff, 13 14 15 No. 2:18-cv-204-KJM-KJN PS v. ORDER SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, et al., 16 Defendants. 17 18 On April 3, 2018, the court granted plaintiff’s application to proceed in forma pauperis 19 20 and dismissed plaintiff’s original complaint with leave to amend. (ECF No. 3.) Plaintiff was 21 given 28 days to file either an amended complaint or a notice of voluntary dismissal of the action. 22 (Id.) Additionally, plaintiff was expressly cautioned that failure to file either an amended 23 complaint or a notice of voluntary dismissal by the required deadline may result in dismissal of 24 the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Id.) Although the 25 applicable deadline has now passed, the court’s records show that plaintiff failed to file either an 26 amended complaint or a notice of voluntary dismissal as ordered.1 27 28 1 Thus far, the court’s order has not been returned to the court as undeliverable. Nevertheless, even if it had been, it is plaintiff’s duty to keep the court informed of his current address, and 1 1 The court has considered whether the action should be dismissed at this juncture. 2 Nevertheless, in light of plaintiff’s pro se status, and the court’s desire to resolve the action on the 3 merits, the court first attempts lesser sanctions by issuing an order to show cause and imposing 4 monetary sanctions. Given that plaintiff is proceeding in forma pauperis, the amount of monetary 5 sanctions imposed is necessarily minimal. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Within 21 days of this order, plaintiff shall pay the Clerk of Court $100.00 in 8 9 monetary sanctions for failure to comply with the court’s orders. 2. Within 21 days of this order, plaintiff shall show cause in writing why this action 10 should not be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 11 41(b) based on plaintiff’s failure to comply with the court’s orders and failure to 12 prosecute the case. 13 14 3. Within 21 days of this order, plaintiff shall file a first amended complaint in compliance with the court’s April 3, 2018 order. 15 4. Alternatively, and in lieu of paying the monetary sanctions, responding to the order to 16 show cause, and filing a first amended complaint, plaintiff may instead file a notice of 17 voluntary dismissal of the action without prejudice within 21 days of this order. 18 19 20 21 22 5. Failure to timely comply with all terms of this order will result in dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 6. The Clerk of Court shall serve a copy of the court’s April 3, 2018 order on plaintiff along with this order. Dated: May 14, 2018 23 24 25 26 27 28 service of the court’s order at the address on record was effective absent the filing of a notice of change of address. In relevant part, Local Rule 182(f) provides: “Each appearing attorney and pro se party is under a continuing duty to notify the Clerk and all other parties of any change of address or telephone number of the attorney or the pro se party. Absent such notice, service of documents at the prior address of the attorney or pro se party shall be fully effective.” 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?