Powell
Powell v. Fain
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ADRIENNE SAROD POWELL, Case No. 20-cv-05564-WHO
Plaintiff,
ORDER DISMISSING CASE FOR
v. FAILURE TO PROSECUTE
ELIZABETH FAIN, et al., Defendants.
12 On November 4, 2020, defendants moved to dismiss pro se plaintiff Adrienne Sarod Powell’s Amended Complaint. Dkt. No. 13. Powell failed to timely oppose the motion by November 18, 2020. Accordingly, on December 2, 2020, I issued an order to show cause for failure to prosecute and allowed Powell to oppose the motion by December 16, 2020. Dkt. No. 17. Powell has not filed an opposition or otherwise responded to my order. It is well established that district courts have sua sponte authority to dismiss actions for failure to prosecute or to comply with court orders. See Fed. R. Civ. P. 41(b); Omstead v. Dell, Inc., 594 F.3d 1081, 1084 (9th Cir. 2010). In deciding whether to dismiss for failure to prosecute or comply with court orders, a district court must consider five factors: “(1) the…