Carey v. Torres
- Jeffrey White
- 4:24-cv-07354
- U.S. District Court · Northern District of California
- 1
In Carey v. Torres, Judge Hixson ordered Carey to explain why the case should not be dismissed after she missed a filing deadline.
Cecilia Carey must respond by February 6, 2025, or the case will likely be dismissed. The order does not impose a stated requirement on Mauricio Torres.
What happened
In Cecilia Carey v. Mauricio Torres, the court had previously found Carey’s amended complaint deficient under the statute governing initial screening of certain cases filed without the required filing fee. It ordered her to file another amended complaint by January 17, 2025.
Carey did not file another complaint or otherwise respond by that deadline. The court therefore ordered her to explain why the case should not be dismissed for failing to pursue it and for failing to meet court deadlines.
Carey must file a written declaration by February 6, 2025. The order states that failing to respond will be treated as an admission that she does not intend to pursue the case and that the case will likely be dismissed. United States Magistrate Judge Thomas S. Hixson signed the order.
The detailed version
- Carey v. Torres · No. 4:24-cv-07354
- Jeffrey White
- Jan. 23, 2025
Background
The court screened Cecilia Carey’s First Amended Complaint on December 20, 2024, and found it deficient under 28 U.S.C. § 1915(e), which governs screening in certain cases filed without the required filing fee. The court directed Carey to file a second amended complaint by January 17, 2025, and warned that failure to do so would likely lead to reassignment to a district judge with a recommendation that the case be dismissed.
Order
Carey did not file an amended complaint or otherwise respond. The court relied on its authority to dismiss an action for failure to prosecute or failure to comply with court deadlines, but it did not dismiss the case in this order. Instead, it ordered Carey to show cause—meaning to explain—why the case should not be dismissed.
Carey must file a declaration by February 6, 2025. The order states that failing to submit a written response will be treated as an admission that she does not intend to pursue the case and that the case will likely be dismissed.
Disposition
The court issued an order to show cause. It did not enter a dismissal. The order was signed by United States Magistrate Judge Thomas S. Hixson.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.