1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 Case No. 25-cv-08053-PHK 8 F.C.,1 ORDER TO SHOW CAUSE RE: 9 Plaintiff, FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH COURT 10 v. ORDER

11 COMMISSIONER OF SOCIAL Re: Dkt. 6 SECURITY, 12 Defendant. 13 14 On September 22, 2025, Plaintiff filed the Complaint in this action accompanied by an 15 application to proceed in forma pauperis (“IFP”). See Dkts. 1-2. The Court denied Plaintiff’s IFP 16 application on October 10, 2025 for failure to provide sufficient information regarding Plaintiff’s 17 assets and liabilities from which the Court could determine whether or not Plaintiff is entitled to 18 IFP status. [Dkt. 6]. The Court granted Plaintiff leave to file an amended IFP application by no 19 later than November 21, 2025. Id. 20 The November 21, 2025 deadline for filing an amended IFP application has passed by 21 approximately two weeks. To date, Plaintiff has neither filed an amended IFP application nor 22 requested an extension of time from the Court to do so. 23 The Court’s October 10, 2025 Order stated that “[s]hould Plaintiff fail to file an amended 24 IFP application by the deadline set forth herein, the Court may issue an order directing the Clerk 25

26 1 In actions involving requested review of a decision by the Commissioner of the Social Security Administration, the Court generally uses the initials of the plaintiff’s first and last names (or both 27 initials) in the Court’s public orders out of an abundance of caution and regard for the plaintiff’s 1 to reassign this case to a District Judge along with a recommendation that this case be dismissed 2 for failure to prosecute and/or comply with Court orders.” Id. at 4. 3 The Court possesses the inherent power to dismiss an action sua sponte if a plaintiff fails 4 to prosecute their action or fails to comply with court orders. Fed. R. Civ. P. 41(b); see Link v. 5 Wabash R.R. Co.,

(1962) (dismissal for failure to prosecute); Yourish v. Cal. 6 Amplifier,

, 987 (9th Cir. 1999) (dismissal for failure to comply with court orders). 7 Plaintiff was previously informed, and is warned again by this ORDER TO SHOW 8 CAUSE, that failure to comply with this Court’s orders and failure to prosecute this case will 9 result in negative consequences for Plaintiff’s case, including a recommendation from the 10 undersigned for the dismissal of this action. Specifically, failure to respond to this Order to Show 11 Cause and failure to file an amended IFP application by the deadline will be found to be a failure 12 to comply with this Court’s orders and a failure to prosecute this lawsuit, which will lead to 13 consequences adverse to Plaintiff’s lawsuit. 14 Accordingly, the Court herein ORDERS that, by no later than JANUARY 9, 2026, 15 Plaintiff SHALL EITHER (1) file an amended IFP application which addresses and cures the 16 deficiencies noted by the Court’s October 10, 2025 Order [Dkt. 5]; OR (2) file a written response 17 to this Order to Show Cause explaining why this action should not be dismissed for failure to 18 prosecute this case or for failure to comply with this Court’s directives and orders. To be clear, if 19 Plaintiff files (by the January 9, 2026 deadline) an amended IFP application curing the 20 deficiencies noted in the October 10, 2025 Order, any such filing of an amended IFP application 21 will be deemed to be a response to this Order to Show Cause and no other written response would 22 be necessary. 23 If Plaintiff needs additional time to prepare and file an amended IFP application, Plaintiff 24 shall explain why and how much additional time is needed in any written response filed by the 25 January 9, 2026 deadline. 26 If Plaintiff fails to respond to this Order to Show Cause by the January 9, 2026 deadline set 27 herein, the Court will issue a Report and Recommendation that this action be dismissed for failure ] reassigned to a District Judge for consideration of and any action to be taken on that Report and 2 || Recommendation. 3 4 IT IS SO ORDERED. 5 Dated: December 8, 2025 6 PETER H. KANG 7 United States Magistrate Judge 8 9 10 1] as 12

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