Auliya Hughes v. San Francisco Unified School District, et al.
Auliya Hughes v. San Francisco Unified School District, et al.
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 Case No. 25-cv-06299-PHK 8 AULIYA HUGHES, ORDER TO SHOW CAUSE RE: 9 Plaintiff, FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT 10 v. ORDERS
11 SAN FRANCISCO UNIFIED SCHOOL Re: Dkt. 7 DISTRICT, et al., 12 Defendants. 13 14 On July 28, 2025, Plaintiff Auliya Hughes, who is representing herself pro se in this 15 action, filed her complaint and an application to proceed in forma pauperis (“IFP”). See Dkts. 1- 16 2. The Court granted Plaintiff’s IFP application on October 2, 2025. [Dkt. 6]. The Court then 17 proceeded to undertake the mandatory screening of Plaintiff’s complaint, as required by 28 U.S.C. 18 § 1915(e)(2)(B). By Order dated October 9, 2025, the Court dismissed Plaintiff’s complaint 19 without prejudice, pursuant to
28 U.S.C. § 1915(e)(2)(B), for failure to state a claim for relief, and 20 for seeking monetary relief from defendants who are immune from such relief. [Dkt. 7]. The 21 Court granted Plaintiff leave to file an amended complaint addressing and curing the pleading 22 deficiencies discussed in the October 9, 2025 Order, by no later than November 14, 2025.
Id.23 The November 14, 2025 deadline to file an amended complaint has passed. To date, 24 Plaintiff has neither filed an amended complaint nor requested an extension of time from the Court 25 to do so. 26 The Court’s October 9, 2025 Order stated that “[i]f Plaintiff does not file an amended 27 complaint by the ordered deadline or if she cannot cure the identified deficiencies, that may result 1 Court that this action be dismissed with prejudice either in whole or in part.” [Dkt. 7 at 10]. 2 The Court possesses the inherent power to dismiss an action sua sponte if a plaintiff fails 3 to prosecute their action or fails to comply with court orders. Fed. R. Civ. P. 41(b); see Link v. 4 Wabash R.R. Co.,
370 U.S. 626, 629-30(1962) (dismissal for failure to prosecute); Yourish v. Cal. 5 Amplifier,
191 F.3d 983, 987 (9th Cir. 1999) (dismissal for failure to comply with court orders). 6 Plaintiff was previously informed, and is warned again by this Order to Show Cause, that failure 7 to comply with this Court’s orders and failure to prosecute this case will result in negative 8 consequences for Plaintiff’s case, including a recommendation for the dismissal of this action. 9 Specifically, failure to respond to this Order to Show Cause and failure to file an amended 10 complaint by the new deadline set herein will be found to be a failure to comply with this Court’s 11 orders and a failure to prosecute this lawsuit, which will lead to consequences adverse to 12 Plaintiff’s lawsuit. 13 Accordingly, the Court herein ORDERS that, by no later than JANUARY 9, 2026, 14 Plaintiff SHALL EITHER (1) file an amended complaint which addresses and cures the 15 deficiencies discussed in the Court’s October 9, 2025 Order screening the original complaint [Dkt. 16 7]; OR (2) file a written request for a further reasonable extension of time in which to file an 17 amended complaint which addresses and cures the deficiencies noted by the Court’s October 9, 18 2025 Order [Dkt. 7]; OR (3) file a written response to this Order to Show Cause explaining why 19 this action should not be dismissed for failure to prosecute this case or for failure to comply with 20 this Court’s directives and orders. To be clear, if Plaintiff files, by January 9, 2026, an amended 21 complaint addressing and curing the deficiencies noted in the October 9, 2025 Order, or if Plaintiff 22 files, by that same deadline, a written request for a reasonable extension of time in which to file an 23 amended complaint addressing and curing the deficiencies noted in the October 9, 2025 Order, 24 such a filing will be deemed to be a response to this Order to Show Cause and no other written 25 response would be necessary. 26 If Plaintiff chooses to file a request for a reasonable extension of time in which to file an 27 amended complaint addressing and curing the deficiencies noted in the Court’s October 9, 2025 ] filed by the January 9, 2026 deadline. 2 If Plaintiff fails to respond to this Order to Show Cause in one of the ways directed above 3 || by the JANUARY 9, 2026 deadline set herein, the Court will issue a Report and Recommendation 4 || that this action be dismissed for failure to prosecute and failure to comply with court orders. 5 The Clerk of Court is directed to mail this Order to Show Cause to Plaintiff at her address 6 || of record. 7 8 IT IS SO ORDERED. 9 Dated: December 8, 2025 10 □ PETER H. KANG 1 United States Magistrate Judge as 12
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Reference
- Status
- Unknown