Street v. Kijakazi

Opinion

1 2 3 7 8 CHARLENE J. STREET, Case No. 5:21-cv-05697-EJD

9 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE 10 v. DISMISSED

Defendant. 12

13 14 Plaintiff Charlene J. Street filed the present action on July 26, 2021. Dkt. No. 1. On 15 September 2, 2021, Plaintiff filed an amended complaint. Dkt. No. 9. Defendant filed an answer 16 on December 10, 2021, and the administrative record was concurrently filed. Dkt. Nos. 15, 16. 17 Plaintiff’s attorney moved to withdraw, citing a breakdown in communication. Dkt. No. 17. The 18 Court set a deadline for Plaintiff to respond but did not receive an answer from her regarding her 19 attorney’s motion to withdraw. The Court granted the motion to withdraw on February 28, 2022, 20 and permitted Plaintiff sixty days to retain new counsel. Dkt. No. 22. On March 28, 2022, the 21 Court received a letter from Plaintiff regarding the withdraw of her counsel. The letter stated that 22 she was unable to locate new counsel. Dkt. No. 24. The Court has not received any filing since 23 March 28, 2022. 24 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 25 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629–33 26 (1962). Plaintiff is directed to file a written response to this order by October 17, 2022, and to 27 appear via telephone before the Court on October 27, 2022, at 10:00 a.m. to show cause why this 1 action should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of 2 || Civil Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court 3 will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 4 Before filing a response, this Court strongly urges Plaintiff to seek assistance from the Pro 5 Se Program (https://www.cand.uscourts.gov/helpcentersj). The Federal Pro Se Program provides 6 || free information and limited-scope legal advice to pro se litigants in federal civil cases. The 7 || program is located in Room 2070 in the San Jose United States Courthouse, and is available by 8 appointment Monday to Thursday 9:00 a.m.—4:00 p.m. The Program can also be reached by 9 calling (408) 297-1480 or by email at hsong @asianlawalliance.org. 11 Dated: September 30, 2022 12

EDWARD J. DAVILA 14 United States District Judge 15 16

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Z 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 5:21-cv-05697-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED