Smith v. Smith

Good Law
United States District Court, Northern District of CaliforniaJuly 15, 20243:24-cv-02953California330 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 JUDE DAVID SMITH, Case No. 24-cv-02953-TSH

Plaintiff,

ORDER TO SHOW CAUSE

v.

CARRIE VENCIL, et al., Defendants.

13 Plaintiff Jude David Smith initiated this lawsuit on May 15, 2024 by filing a complaint (ECF No. 1) and application to proceed in forma pauperis (ECF No. 2). On June 7, 2024, the Court granted the in forma pauperis application but found the complaint deficient under 28 U.S.C. § 1915(e). ECF No. 5. The Court directed Plaintiff to file a first amended complaint curing the deficiencies identified in the screening order by July 8, 2024. The Court warned that “[i]f Plaintiff fails to cure these deficiencies, the case will be reassigned to a district judge with a recommendation for dismissal.” Plaintiff has failed to respond and has made no appearance since filing his complaint nearly two months ago. The Court possesses the inherent power to dismiss an action sua sponte “to achieve the orderly and expeditious disposition…

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