Chapman v. Chao

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

BYRON CHAPMAN, Case No. 5:20-cv-04662-EJD Plaintiff,

ORDER TO SHOW CAUSE WHY

Vv. ACTION SHOULD NOT BE DISMISSED NELSON CHAO, et al.,

Defendants.

Plaintiff Byron Chapman filed the present action on July 13, 2020. Dkt. No. 1. Plaintiff 15 filed the summons return on August 6, 2020, and there has been no activity in the case since. a 16 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the || orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 (1962). Plaintiff is directed to file a written response to this order by July 2, 2021 and to appear before the Court on July 15, 2021, at 10:00 a.m. and show cause why this action should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). If Plaintiff fails to file a written response by July 2, 2021, the Court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

IT IS SO ORDERED.

Dated: May 24, 2021 eOOD.

EDWARD J. DAVILA

United States District Judge