Shaw

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CECIL EUGENE SHAW,

Case No. 5:19-cv-00506-EJD Plaintiff, ORDER DISMISSING CASE FOR v. FAILURE TO PROSECUTE

IRVING M. VILLA,

11 Defendant.

13 On April 1, 2019, the Clerk issued a notice entry of default as to the sole remaining defendant in this case, Irving M. Villa. See Dkt. Nos. 12. To date, Plaintiff has not applied to the court for a default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). On September 10, 2020, the Court issued an Order to Show Cause why the action should not be dismissed for failure to prosecute. Dkt. No. 18. Plaintiff had until September 24, 2020 to either file his motion for default judgment or otherwise demonstrate good cause in writing why this action should not be dismissed for failure to prosecute. Id. Plaintiff has failed to file a response to the Court’s Order. Accordingly, for the reasons set forth below, this…