Long v. Marin County Sheriff John Does 1-4

United States District Court for the Northern District of California

Long v. Marin County Sheriff John Does 1-4

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 JEFFREY L. LONG, Case No. 22-cv-06106-TLT

7 Plaintiff, ORDER TO SHOW CAUSE v. 8

9 MARIN COUNTY SHERIFF JOHN DOES 1-4, 10 Defendant.

11 12 On January 20, 2023, the Court ordered Plaintiff to provide the Court addresses at which 13 each of the Defendants can be served. ECF No. 10. The Court explained that because Plaintiff 14 has been authorized to proceed in forma pauperis, service of the complaint will be made by the 15 United States Marshals. Id. (citing Fed. R. Civ. P. 8(c)(3)). However, for service to be attempted, 16 the Marshals need Defendants’ addresses. Plaintiff had until February 2, 2023, to respond to the 17 Court’s order. Id. To date, he has failed to provide any response. 18 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 19 to comply with these rules or a court order, a defendant may move to dismiss the action or any 20 claim against it.” A defendant need not file a motion in order for a district court to dismiss a case 21 under Rule 41(b), given the Supreme Court’s statement that “[t]he authority of a court to dismiss 22 sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed 23 not by rule or statute but by the control necessarily vested in courts to manage their own affairs[.]” 24 See Link v. Wabash R. Co.,

370 U.S. 626

, 630–31 (1962). 25 Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed 26 without prejudice for a failure to prosecute. Plaintiff shall file a statement of no more than two 27 pages by February 24, 2023. Plaintiff must also provide by that same date addresses at which each 1 IT IS SO ORDERED. 2 Dated: February 6, 2023 3

TRINA i — Yi 5 United States District Judge 6 7 8 9 10 11 a 12

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Reference

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