Jarvis v. County of Mohave
── Jarvis v. County of Mohave ──
Court: Court of Appeals for the Ninth Circuit
Date: May 11, 2026
Category: General
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 11 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH E. JARVIS; HUIQIN DU, No. 25-3987
D.C. No.
Plaintiffs - Appellants, 3:25-cv-08077-MTL--ESW
v.
MEMORANDUM*
COUNTY OF MOHAVE; STATE OF
ARIZONA; ATTORNEY GENERAL OF
THE STATE OF ARIZONA; MOHAVE
COUNTY SHERIFF'S DEPARTMENT;
MOHAVE COUNTY ADULT
DETENTION FACILITY; DOUGLAS
SCHUSTER, Mohave County Sheriff;
WAYNE FARRIS, Detective; JOSE
CARDENAS, Deputy; BRENDON
TATRO, Deputy; NASIA SHRADER,
Deputy; DAVID COFFIN, Lieutenant;
DUSTIN FIELDS, Deputy; DEVIN
GODFREY, Deputy; PATRICK RIDER,
Deputy; MATTHEW SMITH, Mohave
County Attorney; JOHN TORRES, Jr.,
Mohave Deputy County Attorney; JULIA
KETCHUM, Mohave Deputy County
Attorney; JEFFREY HAWS, Mohave
Deputy County Attorney; DAVID WAYT,
Justice of the Peace; DAVE HUERTA,
Justice of the Peace; ROBERT
VOLLBRACHT, Mohave County Adult
Detention Center Captain; KEVIN
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
NOWICKI, Justice of the Peace; Honorable
MICHAEL T. LIBURDI, District Judge,
United States District Judge; UNKNOWN
PARTIES, Whomever results responsible,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Michael T. Liburdi, District Judge, Presiding
Submitted April 22, 2026**
Before: LEE, DESAI, and JOHNSTONE, Circuit Judges.
Joseph E. Jarvis and Huiqin Du appeal pro se from the district court’s
judgment dismissing their 42 U.S.C. § 1983 action alleging civil rights violations.
We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion
the district court’s dismissal for failure to comply with a court order. McHenry v.
Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion by dismissing plaintiffs’ action
because, after the court correctly identified deficiencies in the original complaint
and provided an opportunity to amend, plaintiffs’ supplemental filings did not
comply with the court’s order. See Pagtalunan v. Galaza, 291 F.3d 639, 642-43
(9th Cir. 2002) (discussing the five factors for determining whether to dismiss
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2 25-3987
under Federal Rule of Civil Procedure 41(b) for failure to comply with a court
order); McHenry, 84 F.3d at 1177 (affirming dismissal of plaintiff’s complaint
because it failed to set forth the simple, concise, and direct averments required by
Federal Rule of Civil Procedure 8). Plaintiffs have not identified any error in the
district court’s imposition of a 50-page limit on their amended filing. See Bias v.
Moynihan, 508 F.3d 1212, 1223 (9th Cir. 2007) (“Broad deference is given to a
district court’s interpretation of its local rules.”).
The district court did not abuse its discretion by denying as moot plaintiffs’
motion for default judgment. See Aldabe v. Aldabe, 616 F.2d 1089, 1092-93 (9th
Cir. 1980) (setting forth standard of review and affirming denial of a motion for
default judgment where the substantive claims lacked merit).
The district court did not abuse its discretion by denying plaintiffs’ request
to disqualify Judge Liburdi because plaintiffs failed to d
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}