1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 RICK LE, Case No. 5:21-cv-07428-EJD 8 Plaintiff, ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE 9 v. 10 TRANSAMERICA LIFE INSURANCE COMPANY, Defendant. This action was removed from Santa Clara County Superior Court to federal court on 13 September 23, 2021, and service of process was effectuated soon thereafter. Dkt. Nos. 1, 5, 8, 14, 14 19. Plaintiff has taken no further action in the case since. On August 9, 2022, the Court issued an IS order to show cause why this action should not be dismissed for failure to prosecute and ordered 16 Plaintiff to file a written response by August 18, 2022. Dkt. No. 26. The Court advised Plaintiff that if he failed to file a written response by the ordered deadline, the Court would dismiss the a 18 action with prejudice. /d. at 1. Plaintiff did not file a written response by August 18, 2022. 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 71 (1962). Accordingly, the Court DISMISSES this action with prejudice pursuant to Rule 41(b). 22 The Clerk of the Court shall close the file. 23 IT IS SO ORDERED. 24 Dated: August 30, 2022 25

United States District Judge 27 28 || Case No.: 5:21-cv-07428-EJD ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE