1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 ABDUL RAHMAN COLE, Case No. 25-cv-06810-PHK

9 Plaintiff, ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE AND 10 v. FAILURE TO COMPLY WITH COURT ORDER 11 FAIRFAX INOVA HOSPITAL, Re: Dkt. 7 Defendant. 12

13 14 On August 12, 2025, Plaintiff, who is representing himself pro se in this action, filed an 15 initial Complaint and an application to proceed in forma pauperis (“IFP”). See Dkts. 1-2. The 16 Court denied Plaintiff’s IFP application on November 5, 2025, for failure to provide “sufficiently 17 consistent and detailed facts regarding his assets and liabilities to warrant granting his IFP 18 application.” [Dkt. 7 at 1]. In that Order, the Court granted Plaintiff leave to file a corrected and 19 amended IFP application by no later than December 5, 2025. Id. at 4. The December 5, 2025, 20 deadline for filing an amended IFP application has passed. To date, Plaintiff has neither filed an 21 amended IFP application nor requested an extension of time from the Court to do so. 22 The Court’s November 5, 2025, Order stated that “[s]hould Plaintiff fail to file an amended 23 IFP application or pay the filing fee by DECEMBER 5, 2025, the Court may issue an order 24 directing the Clerk to reassign this case to a District Judge along with a recommendation that this 25 case be dismissed for failure to prosecute and/or comply with Court orders.” Id. 26 The Court possesses the inherent power to dismiss an action sua sponte if a plaintiff fails 27 to prosecute their action or fails to comply with court orders. Fed. R. Civ. P. 41(b); see Link v. 1 Amplifier,

, 987 (9th Cir. 1999) (dismissal for failure to comply with court orders). 2 The Court previously informed and admonished Plaintiff, and is hereby providing 3 NOTICE again by this ORDER TO SHOW CAUSE, that failure to comply with this Court’s 4 orders and failure to prosecute this case will result in negative consequences for Plaintiff’s case, 5 including the issuance of a report and recommendation for dismissal of this action. Specifically, 6 failure to respond to this Order to Show Cause and failure to file an amended IFP application (or 7 pay the filing fee) by the deadline set herein will be found to be a failure to comply with this 8 Court’s orders and a failure to prosecute this lawsuit, which will lead to consequences adverse to 9 Plaintiff’s lawsuit. 10 Accordingly, the Court herein ORDERS that, by no later than January 16, 2026, Plaintiff 11 SHALL EITHER (1) file an amended IFP application which addresses and cures the deficiencies 12 noted by the Court’s November 5, 2025 Order; (2) forego IFP status and pay the $405 filing fee; 13 OR (3) file a written response to this Order to Show Cause explaining why this action should not 14 be dismissed for failure to prosecute this case or for failure to comply with this Court’s directives 15 and orders. To be clear, if Plaintiff files (by January 16, 2026) an amended IFP application 16 addressing and curing the deficiencies noted in the November 5, 2025 Order [Dkt. 7], such a filing 17 will be deemed to be a response to this Order to Show Cause and no other written response would 18 be necessary. 19 If Plaintiff needs additional time to prepare and file an amended IFP application, Plaintiff 20 shall explain and show sufficient grounds in good faith why and how much additional time is 21 needed in any written response filed by the January 16, 2026 deadline. 22 If Plaintiff fails to respond to this Order to Show Cause by the January 16, 2026, deadline 23 set herein, the Court will issue a Report and Recommendation that this action be dismissed for 24 failure to prosecute and failure to comply with court orders and the Court will issue an Order 25 directing the Clerk of Court to reassign this action to a district judge for consideration of and to 26 take action on that Report and Recommendation. 27 The Clerk is directed to mail this Order to Show Cause to Plaintiff at his address of record. 1 2 || ITISSO ORDERED. 3 Dated: December 12, 2025 4 5 PETER H. KANG . 6 United States Magistrate Judge 7 8 9 10 1] as 12

«14

15 16

Oo Z 18 19 20 21 22 23 24 25 26 27 28