Jackson-Lewis v. Trump et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
CHIEF CARMELA LYNN JACKSON-
LEWIS,
Plaintiff,
v.
PRESIDENT DONALD TRUMP,
GOV.
JOSH GREEN,
Defendants.
Case No. 26-cv-00447-DKW-KJM
ORDER DISMISSING CASE
On August 25, 2026, pro se Plaintiff Carmela Lynn Jackson-Lewis filed this
action against President Donald Trump and Governor Josh Green pursuant to 42
U.S.C. § 1983 and Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388
(1971). 	Dkt. No. 1. 	On the same day, Jackson-Lewis filed an application to
proceed in forma pauperis (“IFP Application”). 	Dkt. No. 3. 	In an August 27,
2026 Order, the Court dismissed the Complaint with leave to amend, and held the
IFP Application in abeyance. 	Dkt. No. 6. 	The August 27, 2026 Order gave
Jackson-Lewis until September 14, 2026 to file an amended complaint. 	Id. 	In
addition, Jackson-Lewis was cautioned that failure to file a timely amended
complaint could result in dismissal of this action without further notice. 	Id.
Case 1:26-cv-00447-DKW-KJM Document 10 Filed 10/15/26 Page 1 of 5
PageID.<pageID>

2
Since August 27, 2026, however, Jackson-Lewis has not filed an amended
complaint, even though the deadline to do so has now long passed. 	Instead,
Jackson-Lewis has filed a series of documents that do not respond to the August
27, 2026 Order or otherwise address the deficiencies identified therein. 	See Dkt.
Nos. 7–9. 	In this light, as indicated in the August 27, 2026 Order and more fully
explained below, the appropriate action to now take is dismissal of this case
without prejudice.
Courts have the authority to dismiss actions for failure to prosecute or for
failure to comply with court orders. 	Pagtalunan v. Galaza, 291 F.3d 639, 640
(9th Cir. 2002); Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992);
Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986). 	Before dismissing
such an action, a court should weigh: “(1) the public’s interest in expeditious
resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of
prejudice to defendants/respondents; (4) the availability of less drastic alternatives;
and (5) the public policy favoring disposition of cases on their merits.”
Pagtalunan, 291 F.3d at 642 (citing Ferdik, 963 F.2d at 1260–61). 	Upon careful
consideration of these factors, the Court concludes that dismissal without prejudice
is warranted under the circumstances.
Case 1:26-cv-00447-DKW-KJM Document 10 Filed 10/15/26 Page 2 of 5
PageID.<pageID>

3
First, Jackson-Lewis’s failure to comply with the August 27, 2026 Order
hinders resolution of this case on the merits, and, thus, the public’s interest in
expeditious resolution of litigation. 	As such, this factor favors dismissal. 	See
Yourish v. California Amplifier, 191 F.3d 983, 990 (9th Cir. 1999) (“[T]he public’s
interest in expeditious resolution of litigation always favors dismissal.”).
Second, Jackson-Lewis’s failure to comply with the August 27, 2026 Order
hinders this Court’s ability to manage its docket. 	Simply put, this Court cannot
manage its docket if litigants, like Jackson-Lewis, fail to timely follow clear
instructions, such as the need to file an amended complaint. 	As such, this factor
favors dismissal.
Third, the risk of prejudice to a defendant is related to a plaintiff’s reason for
failure to prosecute an action. 	See Pagtalunan, 291 F.3d at 642; Yourish, 191
F.3d at 991. 	Here, Jackson-Lewis has offered no discernible excuse or
explanation for the failure to comply with the August 27, 2026 Order. 	Instead,
Jackson-Lewis appears to believe that this case is an excuse for her to file an
unnecessary series of documents, such as written submissions replete with
homophobic and racist slurs. 	See, e.g., Dkt. No. 9 at 1–10. 	When a party offers a
poor excuse for failing to comply with a court’s order (or, in this case, no excuse),
Case 1:26-cv-00447-DKW-KJM Document 10 Filed 10/15/26 Page 3 of 5
PageID.<pageID>

4
the prejudice to the opposing party is sufficient to favor dismissal. 	See Yourish,
191 F.3d at 991–92. 	As a result, this factor favors dismissal.
Fourth, the Court attempted to avoid a less drastic alternative to dismissing
this case. 	Specifically, Jackson-Lewis was provided with an opportunity to file an
amended complaint, provided guidance on how to do so, and warned that failure to
comply within the time allowed may result in dismissal of this action. 	Dkt. No. 6.
Jackson-Lewis, however, has not availed herself of this opportunity. 	Thus, the
only alternative would be to allow the case to proceed with nonsensical assertions
that do not come close to stating a plausible claim. 	The Court declines to do that.
As a result, this factor favors dismissal. 	See Ferdik, 963 F.2d at 1262 (explaining
that less drastic alternatives were considered, including warning the plaintiff that
failure to comply would result in dismissal).
Finally, because public policy favors the disposition of cases on their merits,
this factor weighs against dismissal. 	Pagtalunan, 291 F.3d at 643. 	The Court
notes, though, that dismissal here is without prejudice.
In summary, with four of the five factors favoring dismissal, this case is
DISMISSED WITHOUT PREJUDICE for failure to comply with the August 27,
2026 Order. 	See Malone v. U.S. Postal Serv., 833 F.2d 128, 133 n.2 (9th Cir.
1987) (concluding that, when the other factors favor dismissal, they are not
Case 1:26-cv-00447-DKW-KJM Document 10 Filed 10/15/26 Page 4 of 5
PageID.<pageID>

5
outweighed by the public policy in favor of resolving a case on the merits); see
also Ash v. Cvetkov, 739 F.2d 493, 497 (9th Cir. 1984) (explaining that “dismissal
without prejudice is a more easily justified sanction for failure to prosecute.”).
The Clerk of Court is directed to close this case.
IT IS SO ORDERED.
Dated: October 15, 2026 at Honolulu, Hawai‘i.
Chef Carmela Lynn Jackson-Lewis v. President Donald Trump, et al; Civil No. 26-00447 DKW-
KJM; ORDER DISMISSING CASE
_______________________________
Derrick K. Watson
Chief United States District Judge
/s/ Derrick K. Watson
Case 1:26-cv-00447-DKW-KJM Document 10 Filed 10/15/26 Page 5 of 5
PageID.<pageID>