1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 4 8 BYRON CHAPMAN, Case No. 5:20-cv-04662-EJD 9 Plaintiff, ORDER TO SHOW CAUSE WHY 10 Vv. ACTION SHOULD NOT BE DISMISSED 11 NELSON CHAO, et al., 2 Defendants.

13 14 Plaintiff Byron Chapman filed the present action on July 13, 2020. Dkt. No. 1. Plaintiff 3 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 3 17 || orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629-33 18 || (1962). Plaintiff is directed to file a written response to this order by July 2, 2021 and to appear 19 before the Court on July 15, 2021, at 10:00 a.m. and show cause why this action should not be 20 || dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 21 41(b). If Plaintiff fails to file a written response by July 2, 2021, the Court will dismiss the action 22 || with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 23 IT IS SO ORDERED. 24 || Dated: May 24, 2021 25 26 eOOD. EDWARD J. DAVILA 27 United States District Judge 28