1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 6 SCOTT JOHNSON, Case No. 5:21-cv-04696-EJD 7 Plaintiff, ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE g v. 9 TRUCKEE'S POST, LLC, 10 Defendant. 11 Plaintiff Scott Johnson filed the present action on June 21, 2021 and sought entry of 12 || default against Defendant on August 17, 2021. Dkt. Nos. 1, 12. The Clerk of Court entered 5 13 default on August 18, 2021. Dkt. No. 13. Plaintiff has taken no further action in the case since. 14 On October 8, 2021, the Court ordered Plaintiff to file a motion for default judgment by 3 15 November 4, 2021. Dkt. No. 14. The Court advised Plaintiff that if he failed to file a motion for a 16 || default judgment by the deadline, the Court would dismiss the action for failure to prosecute. Id. 3 17 Plaintiff did not file a motion for default judgment by November 4, 2021. 18 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 19 || orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629-33 20 (1962). Accordingly, the Court DISMISSES this action with prejudice pursuant to Rule 41(b). 21 The Clerk of the Court shall close the file. 22 IT IS SO ORDERED. 23 Dated: November 8, 2021 24

EDWARD J. DAVILA 26 United States District Judge 27 28 || Case No.: 5:21-cv-04696-EJD ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE