Case 5:21-cv-00289-JGB-KK Document 9 Filed 02/09/22 Page 1 of 1 Page ID #:61

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. EDCV 21-289 JGB (KKx) Date February 9, 2022 Title Donald Anthony Oliver v. Warden T. Jusino, et al. Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Not Reported Deputy Clerk Court Reporter Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present Proceedings: Order DISMISSING Plaintiff’s Complaint for Failure to Prosecute (IN

CHAMBERS)

On February 19, 2021, Plaintiff Donald Anthony Oliver filed his Complaint against Defendants Warden Jusino, Medical Dept (Ms. Kenney), Provider Martin Hernandez, MLP (Health Service Admin), Randal, and Gilliam. (“Complaint,” Dkt. No. 1.) On January 18, 2022, the Court ordered Plaintiff to show cause in writing by February 7, 2022, why this action should not be dismissed for lack of prosecution. (“Order,” Dkt. No. 7.) As of February 9, 2022, Plaintiff has failed to respond to the Court’s Order. 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. 42(b); Wolff v. California, 318 F.R.D. 627, 630 (C.D. Cal. 2016). A plaintiff must prosecute her case with “reasonable diligence” to avoid dismissal pursuant to Rule 41(b). Anderson v. Air W., Inc., 542 F.2d 522, 524 (9th Cir. 1976). Here, Plaintiff has failed to comply with the Court’s Order and failed to prosecute this case for nearly 12 months. Accordingly, the Court DISMISSES Plaintiff’s action pursuant to Rule 41(b). The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.

Page 1 of 1 CIVIL MINUTES—GENERAL Initials of Deputy Clerk NP