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-03001-EJD 9 Plaintiff, ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE 10 v. 11 VINE DINING ENTERPRISES, INC., W Defendant.

Plaintiff Scott Johnson filed the present action on April 26, 2021 and sought entry of

v 14 default against Defendant on July 19, 2021. Dkt. Nos. 1, 12. The Clerk of Court entered default © 15 on July 20, 2021. Dkt. No. 13. Plaintiff has taken no further action in the case since. a 16 On October 8, 2021, the Court ordered Plaintiff to file a motion for default judgment by

= 17 November 8, 2021. Dkt. No. 21. The Court advised Plaintiff that if he failed to file a motion for

18 || default judgment by the deadline, the Court would dismiss the action for failure to prosecute. Id. 19 Plaintiff did not file a motion for default judgment by November 8, 2021. 20 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 21 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629-33 22 (1962). Accordingly, the Court DISMISSES this action with prejudice pursuant to Rule 41(b). 23 The Clerk of the Court shall close the file. 24 IT IS SO ORDERED. 25 Dated: November 9, 2021 26 EDWARD J. DAVILA 27 United States District Judge 28 || Case No.: 5:21-cv-03001-EJD ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE