Opinion
EDCV 23-2072 JGB (SHKx)
02-09-2024
Sharon Kidd, et al v. Sheriff Chad Bianco, et al.
PRESENT THE HONORABLE JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE.
CIVIL MINUTES-GENERAL
Proceedings: Order DISMISSING Plaintiff's Complaint for Failure to Prosecute (IN CHAMBERS)
On October 11, 2023, Plaintiff filed a complaint against defendants Chad Bianco, et al. (“Complaint,” Dkt. No. 1.) On January 26, 2024, the Court ordered Plaintiff to show cause in writing by February 1, 2024, why this action should not be dismissed for lack of prosecution. (“OSC,” Dkt. No. 7.) As of the date of this order, Plaintiff has neither continued to prosecute this case nor responded to the Court's OSC.
Federal Rule of Civil Procedure 41(b) grants the Court authority to sua sponte dismiss actions for failure to prosecute or failure to comply with court orders. See Fed.R.Civ.P. 41(b); Wolff v. California, 318 F.R.D. 627, 630 (C.D. Cal. 2016). Plaintiffs must prosecute their cases with “reasonable diligence” to avoid dismissal pursuant to Rule 41(b). Anderson v. Air W., Inc., 542 F.2d 522, 524 (9th Cir. 1976). Plaintiff has failed to respond to the Court's OSC, and thus, the Court finds that Plaintiff has failed to prosecute this case with reasonable diligence and that dismissal is therefore appropriate.
Accordingly, the Court DISMISSES Plaintiff's action for failure to prosecute and DIRECTS the Clerk to close the case.
IT IS SO ORDERED.