Smith v. Smith
- Susan Illston
- 3:24-cv-02953
- U.S. District Court · Northern District of California
- 2
In Jude David Smith v. Carrie Vencil, Magistrate Judge Hixson ordered Smith to explain by July 29 why the case should not be dismissed for failing to prosecute.
Jude David Smith, whose case may be dismissed if he does not file the required declaration by July 29, 2024.
What happened
Jude David Smith v. Carrie Vencil involves Smith’s lawsuit against Carrie Vencil and other defendants. Smith filed the case and asked to proceed without paying filing fees.
The court previously found Smith’s complaint deficient and ordered him to file an amended complaint by July 8, 2024. Smith did not respond or otherwise appear after filing the lawsuit.
Magistrate Judge Thomas S. Hixson ordered Smith to file a written declaration by July 29, 2024, explaining why the case should not be dismissed for failing to prosecute and comply with court deadlines. The order did not dismiss the case.
The detailed version
- Smith v. Smith · No. 3:24-cv-02953
- Susan Illston
- July 15, 2024
Background
Jude David Smith filed this lawsuit on May 15, 2024, along with an application to proceed without paying the filing fee. On June 7, 2024, the court granted that application but found the complaint deficient under 28 U.S.C. § 1915(e), the statute governing screening of complaints filed by people allowed to proceed without paying filing fees.
The court ordered Smith to file a first amended complaint addressing the identified deficiencies by July 8, 2024. The court warned that failure to correct the deficiencies could lead to reassignment to a district judge with a recommendation that the case be dismissed. According to the order, Smith did not respond and had made no appearance since filing the complaint.
Order
The court ordered Smith to show cause—meaning to explain—why the case should not be dismissed for failure to prosecute and failure to comply with court deadlines. Smith must file a declaration by July 29, 2024. The order states that failure to provide a written response will be treated as an admission that Smith does not intend to continue prosecuting the case and that the case will likely be dismissed.
The order is an order to show cause, not a dismissal. Magistrate Judge Thomas S. Hixson signed the order on July 15, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.