1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 4 8 MOLLY ELIZABETH BROOKS, Case No. 24-cv-04279-VKD 9 Plaintiff, ORDER TO SHOW CAUSE RE 10 Vv. DISMISSAL 11 MIRANDA RASSMUSEN, et al., Re: Dkt. No. 1

2 Defendants.

13 14 Plaintiff Molly Elizabeth Brooks filed this action on July 17, 2024. Dkt. No. 1. Because 3 15 || Ms. Brooks submitted payment for the filing fee in an incorrect amount, the Clerk of the Court a 16 || returned her check. Dkt. No. 2. The Clerk issued a notice instructing Ms. Brooks to pay the 3 17 || correct filing fee or file an application to proceed in forma pauperis (“IFP application”) no later 18 || than August 26, 2024. Dkt. No. 3. The docket indicates that Ms. Brooks has neither paid the 19 || correct filing fee nor filed an IFP application. 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). Ms. Brooks is directed to file a written response to this order by September 13, 2024 and 23 || to show cause why this action should not be dismissed without prejudice for failure to prosecute. 24 IT IS SO ORDERED. 25 Dated: August 30, 2024 26

28 Virginia K. DeMarchi United States Magistrate Judge