Armstrong-Harris v. Wells Fargo Bank, N.A.

Opinion

1 2 3 6 7 CEDRIC ARMSTRONG-HARRIS, Case No. 21-cv-07637-HSG

8 Plaintiff, ORDER TO SHOW CAUSE v. 9 Re: Dkt. No. 33 10 WELLS FARGO BANK, N.A., et al., Defendants. 11

12 13 On September 15, 2022, Defendant filed a motion to dismiss the first amended complaint 14 and motion to strike. See Dkt. No. 33. Plaintiff’s response was due September 29, 2022. Plaintiff 15 has not filed an opposition or statement of non-opposition, as required by Civil Local Rule 7-3. 16 Defendant filed a notice of Plaintiff’s non-opposition on September 30, 2022. 17 This is the third time the Court has issued an Order to Show Cause why this case should 18 not be dismissed for failure to prosecute. See Dkt. Nos. 16, 20. Plaintiff has repeatedly failed to 19 meet Court deadlines, and the Court has advised Plaintiff that failure to meet deadlines could 20 result in dismissal of the case without further notice. See Dkt. No. 22. 21 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 22 to comply with these rules or a court order, a defendant may move to dismiss the action or any 23 claim against it.” A defendant need not file a motion in order for a district court to dismiss a case 24 under Rule 41(b), given the Supreme Court’s statement that “[t]he authority of a court to dismiss 25 sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed 26 not by rule or statute but by the control necessarily vested in courts to manage their own affairs[.]” 27 See Link v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962). 1 Dismiss should not be granted, or in the alternative why this case should not be dismissed for 2 failure to prosecute, given Plaintiffs failure to oppose the motion and repeated failure to comply 3 with Court deadlines. Plaintiff is warned that failure to respond to this order to show cause, or any 4 future failure to abide by Court deadlines, may result in dismissal without further notice given his 5 record of noncompliance. 6 Plaintiff shall file a statement of no more than two pages by October 20, 2022. If Plaintiff 7 wishes to continue with his case, he must also file his opposition or statement of non-opposition 8 by that same date. 10 Dated: 10/6/2022 11 Z Haspursod Lh i. HAYWOOD S. GILLIAM, JR. 12 United States District Judge

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