(PC) Ramsom v. Sacramento Police Dept.
2:23-cv-00638
E.D. Cal.Jul 2, 2025Background
- Plaintiff Donshea Lavon Ransom filed a lawsuit against the Sacramento Police Department and other defendants in the U.S. District Court for the Eastern District of California.
- Defendants filed a motion to dismiss the case on April 15, 2025.
- Plaintiff failed to file a timely response to this motion.
- The court then issued an order to show cause, specifically warning plaintiff that failure to respond could lead to dismissal.
- Plaintiff again did not respond within the required twenty-one days.
- The court considered the plaintiff's noncompliance and lack of prosecution in deciding to dismiss the case without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal for failure to prosecute | No argument offered | Plaintiff failed to respond or comply | Dismissed for failure to prosecute and obey rules |
| Failure to comply with court orders | No argument offered | Established noncompliance | Dismissed for failure to comply with court orders |
| Requirements for court-imposed sanctions | No argument offered | Sanction (dismissal) is appropriate | Dismissal is warranted; alternatives considered |
| Adequate warning before dismissal | No argument offered | Plaintiff was expressly warned | Warning was adequate to satisfy due process |
Key Cases Cited
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (court may dismiss for failure to comply with orders and must consider alternatives)
- Malone v. U.S. Postal Serv., 833 F.2d 128 (9th Cir. 1987) (dismissal appropriate when prior warnings given)
- Carey v. King, 856 F.2d 1439 (9th Cir. 1988) (court may dismiss pro se cases for failure to comply with local rules)
- Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986) (dismissal appropriate for lack of prosecution)
- Ghazali v. Moran, 46 F.3d 52 (9th Cir. 1995) (uprholding dismissal for failure to comply with local rules)