1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SCOTT JOHNSON, Case No. 5:21-cv-01864-EJD

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

11 GROVER CONWELL BRYAN, et al., Defendants. 12

13 14 Plaintiff Scott Johnson filed the present action on March 17, 2021. Dkt. No. 1. Pursuant 15 to General Order 56, the parties’ last day to conduct a joint site inspection was May 16, 2021 and 16 Plaintiff’s last day to file a notice of need for mediation was June 27, 2021. Dkt. No. 5. Plaintiff 17 did not file a notice of need for mediation, nor did Plaintiff seek relief from the June 27, 2021 18 deadline. 19 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 20 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629–33 21 (1962). Plaintiff is directed to file a written response to this order by September 20, 2021 and to 22 appear before the Court on September 30, 2021, at 10:00 a.m. and show cause why this action 23 should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil 24 Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will 25 dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 26 /// 27 /// 1 IT IS SO ORDERED. 2 || Dated: September 2, 2021 3 4 EDWARD J. DAVILA 5 United States District Judge 6 7 8 9 10 11 a 12

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Z 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 5:21-cv-01864-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED