Sanchez de Tagle v. Nguyen
- Virginia Demarchi
- 5:25-cv-01886
- U.S. District Court · Northern District of California
- 2
In Sanchez de Tagle v. Nguyen, Judge DeMarchi ordered plaintiff to explain a missed deadline before possible dismissal for failure to prosecute.
Orlando Sanchez de Tagle, whose case was placed at risk of dismissal unless he responded by April 25, 2025; Derick Nguyen was the named defendant.
What happened
In Sanchez de Tagle v. Nguyen, the court had given Orlando Sanchez de Tagle until March 28, 2025, to file an amended complaint after screening his original complaint. The deadline passed, and the docket showed that no amended complaint had been filed.
The court ordered Sanchez de Tagle to respond in writing by April 25, 2025, explaining why the case should not be dismissed for failure to prosecute. The court did not dismiss the case in this order.
Judge Virginia K. DeMarchi warned that if Sanchez de Tagle did not respond by the deadline, the case would be reassigned to a district judge with a recommendation that the complaint be dismissed for failure to prosecute or failure to follow court orders.
The detailed version
- Sanchez de Tagle v. Nguyen · No. 5:25-cv-01886
- Virginia Demarchi
- Apr. 11, 2025
Background
On March 5, 2025, the court screened Orlando Sanchez de Tagle’s complaint, stayed service of process, and allowed him to file an amended complaint by March 28, 2025. The earlier order warned that failing to file an amended complaint on time could lead to dismissal. The March 28 deadline passed, and the docket indicated that no amended complaint had been filed.
Order
The court invoked its inherent authority to dismiss an action on its own when necessary for the orderly and prompt handling of cases. Instead of dismissing the case at this stage, the court ordered Sanchez de Tagle to file a written response by April 25, 2025, explaining why the action should not be dismissed for failure to prosecute.
Warning and disposition
This order was an order to show cause, not a dismissal. The court stated that if Sanchez de Tagle did not respond by April 25, 2025, it would reassign the action to a district judge with a recommendation that the complaint be dismissed for failure to prosecute and/or failure to comply with court orders. Judge Virginia K. DeMarchi signed the order as the United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.