Justin

Justin v. Real Option for City Kids

Good Law
United States District Court, Northern District of CaliforniaAugust 6, 20243:24-cv-03387California957 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MALIK M. JUSTIN, Case No. 24-cv-03387-AMO

Plaintiff,

ORDER OF DISMISSAL

v.

REAL OPTION FOR CITY KIDS, et al., Defendants.

12 Plaintiff commenced this action on June 5, 2024. ECF 1. On July 16, 2024, after the case was reassigned to the undersigned, the Court issued an Order to Show Cause instructing Plaintiff to explain why the case should not be dismissed for failure to prosecute the case and to comply with court orders. ECF 8. Plaintiff’s response was due July 31, 2024. Id. No response was filed. Federal Rule of Civil Procedure 41(b) permits the involuntary dismissal of an action or claim for a plaintiff’s failure to prosecute. See Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) (“authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an ‘inherent power’”). Before dismissing for failure to prosecute, the Court must weigh several factors including: (1) the public’s interest in expeditious resolution of…

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