Zihua Li v. Alejandro N. Mayorkas

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. 5:22-cv-02102-JGB-(KKx) Date September 26, 2023 Title Zihua Li v. Alejandro N. Mayorkas, et al.

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: Order DISMISSING Plaintiff’s Complaint for Failure to Prosecute (IN CHAMBERS)

Plaintiff Zihua Li (“Plaintiff”) filed this action against Defendants on November 28, 2022. (Dkt. No. 1.) On August 9, 2023, the Court ordered Plaintiff to show cause in writing on or before August 16, 2023, why this action should not be dismissed for lack of prosecution. (“OSC,” Dkt. No. 8.) As of the date of this order, Plaintiff has not responded.

Rule 41(b) of the Federal Rules of Civil Procedure grants the Court authority to sua sponte dismiss actions for failure to prosecute or failure to comply with court orders. See Fed. R. Civ. P. 41(b); Wolff v. California, 318 F.R.D. 627, 630 (C.D. Cal. 2016). A plaintiff must prosecute his case with “reasonable diligence” to avoid dismissal pursuant to Rule 41(b). Anderson v. Air W., Inc., 542 F.2d 522, 524 (9th Cir. 1976). Here, plaintiff has failed to prosecute this case with reasonable diligence.

Accordingly, the Court DISMISSES plaintiff’s action pursuant to Rule 41(b). The Clerk of the Court is DIRECTED to close the case.

IT IS SO ORDERED.