Thompson v. Hassan
- Edward Chen
- 3:21-cv-03028
- U.S. District Court · Northern District of California
- 3
In Thompson v. Hassan, Judge Chen ordered Tracey N. Thompson to explain why her case should not be dismissed after she missed the deadline to amend.
Tracey N. Thompson, who was representing herself, was required to explain the failure to file an amended complaint and given a new deadline to do so; the case remained subject to possible dismissal.
What happened
In Thompson v. Hassan, Tracey N. Thompson represented herself and filed a lawsuit against Rey Hassan and others. The court had allowed her to file a corrected complaint after finding that her original complaint did not state a federal claim and that the court lacked authority over the case.
The deadline to file the corrected complaint was June 14, 2021. Thompson instead filed letters and a discovery request, but she had not filed an amended complaint when the court issued this order.
Judge Edward M. Chen ordered Thompson to explain why the case should not be dismissed and required her to file an amended complaint by October 1, 2021. The order itself did not dismiss the case.
The detailed version
- Thompson v. Hassan · No. 3:21-cv-03028
- Edward Chen
- Sept. 17, 2021
Background
Tracey N. Thompson filed this action and applied to proceed without paying the filing fee. The court granted that application but screened her complaint under 28 U.S.C. § 1915(e). It found that the complaint failed to state a claim for which relief could be granted, that complete diversity was lacking, and that Thompson had not stated a claim under federal law. The court dismissed the original complaint but allowed Thompson to file an amended complaint alleging facts sufficient to state a federal claim over which the court had authority. The deadline was June 14, 2021.
Events After the Deadline
After the deadline passed, Thompson filed one letter asking that the case be dismissed, another asking that it not be dismissed, and a motion seeking discovery. The court explained that the original complaint had already been dismissed and that the case could not proceed unless Thompson filed an amended complaint that adequately stated a claim within the court’s authority. As of the order, she had not filed one.
Ruling
The court ordered Thompson to show cause—meaning to explain—why the case should not be dismissed for failing to timely file the amended complaint required by the earlier order. Judge Edward M. Chen gave her until October 1, 2021, to respond by filing an amended complaint. The order specified that any amended complaint had to use the case caption and number, identify itself as a “FIRST AMENDED COMPLAINT,” include all necessary facts and defendants, and not rely on the original complaint by reference. The court did not dismiss the case in this order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.