Valencia Barrera v. Alameda County Sheriffs Office

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARTURO OSIEL VALENCIA BARRERA, Case No. 3:23-cv-04031-JSC

8 Plaintiff,

ORDER DISMISSING ACTION FOR

9 v. FAILURE TO PROSECUTE

10 ALAMEDA COUNTY SHERIFFS

OFFICE,

11 Defendant.

12

13 Plaintiff Valencia Barrera, who is representing himself, filed this civil rights action against the 14 Alameda County Sheriff’s Office. On November 20, 2023, Defendant filed a motion to dismiss for 15 failure to state a claim. (Dkt. No. 10.) After Plaintiff failed to respond, the Court issued an order to 16 show cause as to why this action should not be dismissed for failure to prosecute. (Dkt. No. 14.) To 17 date, Plaintiff has not responded to the order to show cause and the time to do so has run. 18 Pursuant to Federal Rule of Civil Procedure 41(b), the court may dismiss an action for failure 19 to prosecute or to comply with a court order. See Hells Canyon Preservation Council v. U.S. Forest 20 Serv., 403 F.3d 683, 689 (9th Cir. 2005) (recognizing that a court may sua sponte dismiss an action 21 pursuant to Rule 41(b)).…