Adams v. Clark
- Martinez-Olguin
- 3:22-cv-00047
- U.S. District Court · Northern District of California
- 2
In Adams v. Clark, Judge Martinez-Olguin dismissed the action without prejudice after Adams failed to amend his complaint by the deadline.
Henry Desean Adams’s action against Joshua Clark and the other defendants was dismissed without prejudice, the pending motions were terminated, and the file was closed. The order stated that Adams may file a new civil-rights action.
What happened
In Adams v. Clark, the court had given Henry Desean Adams 28 days to file a third amended complaint after dismissing his second amended complaint with permission to amend. The court required Adams to allege facts supporting a recognizable constitutional claim.
The deadline passed, and Adams filed neither a third amended complaint nor a request for more time. The court therefore dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b), which permits dismissal when a plaintiff fails to move the case forward.
Judge Araceli Martinez-Olguin ordered the second amended complaint dismissed without prejudice, directed the clerk to terminate all pending motions, and closed the file. The order stated that Adams may file a new civil-rights action if he is prepared to pursue his claims.
The detailed version
- Adams v. Clark · No. 3:22-cv-00047
- Martinez-Olguin
- Feb. 12, 2024
Background
The court previously dismissed Henry Desean Adams’s second amended complaint but allowed him to amend. The November 15, 2023 order gave Adams 28 days to file a third amended complaint alleging facts sufficient to state a recognizable constitutional claim. That order warned that failing to file the third amended complaint on time would result in dismissal without prejudice.
Reason for dismissal
The deadline passed without Adams filing a third amended complaint or asking for an extension. Applying the relevant factors identified in Ferdik v. Bonzelet, the court found dismissal warranted under Federal Rule of Civil Procedure 41(b). Rule 41(b) allows a court to dismiss an action when a plaintiff fails to pursue it as required. The court relied on precedent approving dismissal when a plaintiff does not amend after receiving permission to do so.
Disposition
Judge Araceli Martinez-Olguin ordered that the second amended complaint be dismissed without prejudice. The clerk was ordered to terminate all pending motions and close the file. The order also stated that Adams may file a new civil-rights action if he is prepared to pursue his claims. In a footnote, the court discussed the limitations period for a claim under 42 U.S.C. § 1983 in California and tolling during continuous incarceration, but the opinion did not decide the merits of Adams’s constitutional claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.