Reybol v. OnTrac Logistics

United States District Court for the Northern District of California

Reybol v. OnTrac Logistics

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARCELIO JOSEPH REYBOL, Case No. 24-cv-00389-TSH

8 Plaintiff, ORDER TO SHOW CAUSE 9 v.

10 ONTRAC LOGISTICS, et al., 11 Defendants.

12 13 Plaintiff Arcelio Joseph Reybol filed this action and an application to proceed in forma 14 pauperis (“IFP”) on January 23, 2024. ECF Nos. 1, 2. However, Plaintiff’s IFP application is 15 incomplete and incomprehensible. For example, in response to Question No. 2, Plaintiff appears 16 to indicate he receives money from a business, profession, or self-employment as well as income 17 from stocks, bonds, or royalties, but he did not “describe each source of money and state the 18 amount received from each.” In response to Question 8, Plaintiff indicates his only monthly 19 expenses are “Halloween Chocolate <$100.00.” As it was unable to evaluate Plaintiff’s assets or 20 otherwise assess his application, the Court denied the application without prejudice and directed 21 him to file either a complete IFP application or pay the filing fee by February 21, 2024. ECF No. 22 4. The Court warned Plaintiff that if he did not file a complete IFP application or pay the filing 23 fee by February 21, the Court would recommend that this action be dismissed for failure to 24 prosecute. Plaintiff has failed to respond. 25 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 26 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

370 U.S. 626

, 629-33 27 (1962). Accordingly, the Court ORDERS Plaintiff to show cause why this case should not be 1 declaration by March 7, 2024. If a responsive declaration is filed, the Court shall either issue an 2 order based on the declaration or conduct a hearing on March 21, 2024 at 10:00 a.m. in Courtroom 3 E, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. 4 Notice is hereby provided that failure to file a written response will be deemed an 5 admission that you do not intend to prosecute, and this case will likely be dismissed. Thus, it is 6 || imperative the Court receive a written response by the deadline above. 7 IT IS SO ORDERED. 8 9 Dated: February 26, 2024 10 AS \ - Lj, — THOMAS S. HIXSON United States Magistrate Judge 12

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Reference

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