Williams v. County of San Mateo
- Virginia Demarchi
- 5:20-cv-03801
- U.S. District Court · Northern District of California
- 1
In Williams v. County of San Mateo, Judge Demarchi ordered Rickey Williams to explain why his case should not be dismissed without prejudice for failure to prosecute.
Rickey Williams, whose action was subject to a possible dismissal without prejudice unless he explained his failure to file the required documents.
What happened
In Williams v. County of San Mateo, Rickey Williams filed the action on June 9, 2020. The court approved his request to proceed without paying filing fees and reviewed his complaint, then ordered him to file an amended complaint by June 29, 2020.
Williams did not file the amended complaint or submit the required consent or refusal regarding a magistrate judge’s authority over the case. The court warned that the action could be dismissed without prejudice because he had not pursued it.
Judge Virginia K. Demarchi ordered Williams to file a written response by July 7, 2020, explaining why the action should not be dismissed without prejudice. The opinion did not dismiss the action at that time.
The detailed version
- Williams v. County of San Mateo · No. 5:20-cv-03801
- Virginia Demarchi
- July 2, 2020
Background
Rickey Williams filed the action on June 9, 2020. The court granted his application to proceed without paying the filing fee and screened his complaint under 28 U.S.C. § 1915(e). The court then ordered him to file an amended complaint by June 29, 2020. Williams did not file one, and he also did not file the required consent or declination concerning magistrate judge jurisdiction.
Order to Show Cause
The court explained that it has inherent authority to dismiss an action on its own initiative to achieve the orderly and efficient handling of cases. It directed Williams to file a written response by July 7, 2020, showing why the action should not be dismissed without prejudice for failure to prosecute, meaning failure to move the case forward.
Disposition
The court issued an order to show cause. It did not dismiss the action in this opinion. Judge Virginia K. Demarchi required Williams to respond before the court considered dismissal without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.