Hasan v. Tigar
- Haywood Gilliam
- 4:19-cv-04553
- U.S. District Court · Northern District of California
- 1
In Hasan v. Tigar, Judge Gilliam dismissed the action without prejudice because Hasan did not file the required amended complaint.
Mohammad Haider Agha Hasan’s action was dismissed without prejudice; the defendants were affected because the case was closed.
What happened
In Hasan v. Tigar, the court had previously denied Mohammad Haider Agha Hasan’s request to proceed without paying the filing fee and dismissed his complaint with permission to amend.
The court ordered Hasan to file an amended complaint by September 30, 2019, and warned that failing to meet the deadline could lead to dismissal of the entire action. Hasan did not file an amended complaint or send any further communication to the court.
Judge Haywood S. Gilliam, Jr. dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and directed the clerk to close the file.
The detailed version
- Hasan v. Tigar · No. 4:19-cv-04553
- Haywood Gilliam
- Oct. 23, 2019
Background
On September 16, 2019, the court denied Plaintiff’s motion to proceed without paying the filing fee and dismissed the complaint with leave to amend. The court ordered Plaintiff to file an amended complaint by September 30, 2019, and warned that failure to meet the deadline could result in dismissal of the action in its entirety without further permission to amend.
Failure to Prosecute
Plaintiff did not file an amended complaint, and the deadline had passed. The court also had not received any further communications from Plaintiff. Under Federal Rule of Civil Procedure 41(b), a court may dismiss an action when a plaintiff fails to pursue the case or comply with a court order. The court found that Plaintiff had shown that he was unable or unwilling to adequately pursue the case.
Ruling
The court dismissed the action without prejudice under Rule 41(b) for failure to prosecute. It directed the clerk to close the file.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.