1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 DAVID LOVELL, Case No. 25-cv-05787-PHK

9 Plaintiff, ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE AND 10 v. FAILURE TO COMPLY WITH COURT ORDER 11 JEFFERY MACOMBER, Re: Dkt. 6 12 Defendant.

13 14 On July 9, 2025, Plaintiff David Lovell, who is representing himself pro se in this action, 15 filed the Complaint in this lawsuit along with an application to proceed in forma pauperis (“IFP”). 16 See Dkts. 1-2. The Court denied Plaintiff’s IFP application on August 28, 2025 for failure to 17 provide sufficient information regarding his assets and liabilities from which the Court could 18 determine whether or not Plaintiff is entitled to IFP status. [Dkt. 6]. The Court granted Plaintiff 19 leave to file an amended IFP application by no later than October 3, 2025. Id. 20 The October 3, 2025 deadline for filing an amended IFP application has passed by over ten 21 days. To date, Plaintiff has neither filed an amended IFP application nor requested an extension of 22 time from the Court to do so. 23 The Court’s August 28, 2025 Order stated that “[s]hould Plaintiff fail to file an amended 24 IFP application or pay the filing fee by OCTOBER 3, 2025, the Court may issue an order 25 directing the Clerk to reassign this case to a District Judge along with a recommendation that this 26 case be dismissed for failure to prosecute and/or comply with Court orders.” Id. at 4 (emphasis in 27 original). While the Court recognizes that Plaintiff is representing himself without a lawyer, the 1 The Court possesses the inherent power to dismiss an action sua sponte if a plaintiff fails 2 to prosecute their action or fails to comply with court orders. Fed. R. Civ. P. 41(b); see Link v. 3 Wabash R.R. Co.,

(1962) (dismissal for failure to prosecute); Yourish v. Cal. 4 Amplifier,

, 987 (9th Cir. 1999) (dismissal for failure to comply with court orders). 5 Plaintiff was previously informed, and is warned again by this ORDER TO SHOW CAUSE, that 6 failure to comply with this Court’s orders and failure to prosecute this case will result in negative 7 consequences for Plaintiff’s case, including a recommendation from the undersigned for the 8 dismissal of this action. Specifically, failure to respond to this Order to Show Cause and failure to 9 file an amended IFP application (or pay the filing fee) by the deadline will be found to be a failure 10 to comply with this Court’s orders and a failure to prosecute this lawsuit, which will lead to 11 consequences adverse to Plaintiff’s lawsuit. 12 Accordingly, the Court herein ORDERS that, by no later than NOVEMBER 21, 2025, 13 Plaintiff SHALL EITHER (1) file an amended IFP application which addresses and cures the 14 deficiencies noted by the Court’s August 28, 2025 Order [Dkt. 5]; OR (2) forego IFP status and 15 pay the $405 filing fee; OR (3) file a written response to this Order to Show Cause explaining 16 why this action should not be dismissed for failure to prosecute this case or for failure to comply 17 with this Court’s directives and orders. To be clear, if Plaintiff files (by November 21, 2025) an 18 amended IFP application curing the deficiencies noted in the August 28, 2025 Order [Dkt. 6], the 19 filing of such an amended IFP application will be deemed to be a response to this Order to Show 20 Cause and no other written response would be necessary. 21 If Plaintiff needs additional time beyond November 21, 2025 to prepare and file an 22 amended IFP application, Plaintiff shall include in any written response filed by the November 21, 23 2025 deadline an explanation as to why and how much additional time is needed. 24 If Plaintiff fails to respond to this Order to Show Cause by the November 21, 2025 25 deadline set herein, the Court will issue a report and recommendation that this action be dismissed 26 for failure to prosecute and failure to comply with court orders, and the Court will order this case 27 be reassigned to a District Judge for consideration of and any action to be taken on that report and ] The Clerk of Court is directed to mail this Order to Show Cause to Plaintiff at his address 2 of record. 3 4 IT IS SO ORDERED. 5 Dated: October 15, 2025 6 PETER H. KANG 7 United States Magistrate Judge 8 9 10 11 a 12

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