Thayer v. Napa County
- 3:21-cv-03937
- U.S. District Court · Northern District of California
- 1
In Thayer v. Napa County, the court dismissed the case after Zachary Thayer failed to file an amended complaint by the deadline.
Zachary Thayer and the defendants, including Napa County; the case was dismissed and the docket was closed.
What happened
In Thayer v. Napa County, the court had dismissed Zachary Thayer’s first amended complaint but allowed him to file another amended complaint by November 17, 2022.
Thayer did not file the required amended complaint. The court therefore stated that its earlier dismissal stood and dismissed the case.
The court ordered the Clerk to close the file and not accept further filings under the docket number. The order was issued by the court on November 28, 2022.
The detailed version
- Thayer v. Napa County · No. 3:21-cv-03937
- Nov. 28, 2022
Background
On October 17, 2022, the court dismissed Zachary Thayer’s first amended complaint and gave him permission to file another amended complaint. The deadline for that filing was November 17, 2022.
Ruling
The court found that Thayer had not filed an amended complaint by the deadline. It stated that the earlier dismissal therefore stood and dismissed the case for failure to file an amended complaint.
The court directed the Clerk of Court to close the file and not accept further filings under the docket number. The order stated that it terminated the case.
Authority and disposition
The court cited a Ninth Circuit decision affirming dismissal when a plaintiff failed to amend after receiving permission to do so. The court dismissed the case; the opinion does not state that the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.