1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 JEFFERY HERSEY, Case No. 25-cv-07282-VKD

9 Plaintiff,

ORDER TO SHOW CAUSE RE

10 v. FAILURE TO PROSECUTE

11 WESTLAKE FINANCIAL SERVICES, et al., 12 Defendants.

13 14 On September 4, 2025, the Court issued an order denying without prejudice Mr. Hersey’s 15 application to proceed in forma pauperis (“IFP”), noting discrepancies and/or inconsistencies in 16 the application. Dkt. No. 4. Mr. Hersey was given until September 26, 2025 to file a renewed IFP 17 application. Id. at 1. Alternatively, Mr. Hersey had the option of paying the filing fee by 18 September 26, 2025. Id. at 1-2. The September 4, 2025 order expressly stated that “the Court 19 may recommend dismissal this action if Mr. Hersey does not file a renewed application or pay the 20 filing fee by the September 26, 2025 deadline.” Id. at 2. The September 26, 2025 has passed. 21 There is no indication on the docket that Mr. Hersey has filed a renewed IFP application or paid 22 the filing fee. 23 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 24 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 25 (1962). By October 30, 2025, Mr. Hersey shall file a written response to this order explaining 26 why this action should not be dismissed for his failure to prosecute this case. If Mr. Hersey does 27 not respond to this order by the October 30, 2025 deadline, the Court will issue an order 1 for failure to prosecute and/or to comply with court orders. 2 IT IS SO ORDERED. 3 Dated: October 8, 2025 4

Virginia K. DeMarchi 6 United States Magistrate Judge 4 8 9 10 11 12

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