Hospice by the Sea, Ltd v. Secretary of Health and Human Services
Trial Court Opinion
7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 24-cv-01529-DMS-DEB HOSPICE BY THE SEA, LTD, 11 Plaintiff, ORDER DISMISSING CASE 12 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.
17 On January 28, 2026, the Court ordered Plaintiff to show cause why the cause should not be dismissed because “it appears that Plaintiff is not a natural person and is not represented by an attorney permitted to practice” in violation of 28 U.S.C. § 1654 and Local Rule 83.3(j). (ECF No. 13.) Plaintiff did not respond by the deadline of February 6, 2026.
21 A district court may dismiss an action for failure to comply with the district’s Local Rules or a court order. See Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (providing “courts may dismiss under [Federal Rule of Civil Procedure] 41(b) sua sponte, at least under certain circumstances”); S.D. Cal. Civ. R. 83.1(a) (providing that failure “to comply with these rules . . . or with any order of the Court may be grounds for imposition by the Court of . . . sanctions authorized by statute or rule or within the inherent power of the Court, including, without limitation, dismissal of any actions”).
1 Accordingly, this action is DISMISSED without prejudice. All pending motions 2 TERMINATED as moot. (See ECF Nos. 9, 12.) The Clerk of the Court is directed to close the case.
4 IT IS SO ORDERED.
5 || Dated: February 9, 2026 2» for, Yn « L4\ Hon. Dana M. Sabraw 7 United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.