Armstrong-Harris v. Wells Fargo Bank, N.A. ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CEDRIC ARMSTRONG-HARRIS, Case No. 21-cv-07637-HSG 8 Plaintiff, ORDER TO SHOW CAUSE 9 v. 10 WELLS FARGO BANK, N.A., et al., 11 Defendants. 12 On July 28, 2021, pro se Plaintiff Cedric Armstrong-Harris filed a complaint against 13 Defendants Wells Fargo Bank, N.A. (“Wells Fargo”) and Specialized Loan Servicing in Alameda 14 Superior Court. Dkt. No. 1. Wells Fargo removed the case to federal court, id., and after Plaintiff 15 failed to respond to Wells Fargo’s Motion to Dismiss, Dkt. No. 7, the Court issued an Order to 16 Show Cause why the case should not be dismissed for failure to prosecute, Dkt. No. 16. Even 17 though Plaintiff responded nine days late to the Order to Show Cause, see Dkt. No. 17, the Court 18 gave Plaintiff extra time to respond to the Motion to Dismiss, directing Plaintiff to file any opposition by February 18, 2022, Dkt. No. 18. However, Plaintiff once again entirely failed to 19 meet Court deadlines. He has not filed an opposition or a statement of non-opposition, as required 20 by Civil Local Rule 7-3. Wells Fargo filed a notice of Plaintiff’s non-opposition on February 25, 21 2022. Dkt. No. 19. 22 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 23 to comply with these rules or a court order, a defendant may move to dismiss the action or any 24 claim against it.” A defendant need not file a motion in order for a district court to dismiss a case 25 under Rule 41(b), given the Supreme Court’s statement that “[t]he authority of a court to dismiss 26 sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed 27 not by rule or statute but by the control necessarily vested in courts to manage their own affairs[.]” 1 See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962). 2 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why this case should not be 3 dismissed for failure to prosecute. Plaintiff shall file a statement of no more than two pages by 4 March 21, 2022 at 5:00 p.m. If Plaintiff wishes to continue with his case, he must also file his 5 opposition or statement of non-opposition by that same date. 6 IT IS SO ORDERED. 7 || Dated: 3/10/2022 HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28