(PC) Hankins v. Avenal State Prison

Good Law
United States District Court, Eastern District of CaliforniaJune 4, 20251:23-cv-00720California2,349 words

Opinion

Trial Court Opinion

I. BACKGROUND

20 On April 11, 2025, the Court issued its First Screening Order. (Doc. 12.) Specifically, the 21 Court found Plaintiff’s complaint named an improper defendant (Avenal State Prison), violated 22 Rule 8 of the Federal Rules of Civil Procedure because Plaintiff failed to identify the prison 23 officials alleged to have violated his civil rights, and failed to state a claim upon which relief 24 could be granted. (Id. at 4-12.) Plaintiff was directed to file a first amended complaint, curing the 25 deficiencies identified in the screening order, or to file a notice of voluntary dismissal within 21 26 days. (Id. at 12-13.) 27 On May 13, 2025, when more than 21 days plus time for mailing passed, the Court issued its Order to Show Cause (OSC) in Writing Why Action Should Not be Dismissed for Failure to Obey Court Order and Failure to Prosecute. (Doc. 13.) Plaintiff was ordered to respond within 14 days, explaining why the action should not be dismissed, or, in the alternative, to file a first amended complaint or a notice of voluntary dismissal. (Id. at 2.) On May 27, 2025, Plaintiff filed an untitled document—docketed as a response to the 6 …

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