Sanchez Incorporated v. City of Claremont, California

Good Law
United States District Court, Southern District of CaliforniaMarch 2, 20213:21-cv-00045California773 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SANCHEZ INCORPORATED, Case No. 21-cv-0045-BAS-BGS

Plaintiff,

ORDER DISMISSING ACTION

v. WITHOUT PREJUDICE

CITY OF CLAIREMONT, Defendant. 16 On January 11, 2021, Plaintiff Sanchez Incorporated filed the present action without appointing counsel and moved for a leave to proceed in forma pauperis. (ECF No. 1.) The Court ordered Plaintiff to obtain counsel on or before February 5, 2021, and warned that if Plaintiff does not obtain counsel by that date, the Court will dismiss this action. (Order, ECF No. 3.) Close to a month has passed after the deadline, and Plaintiff has not obtained counsel. Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an action for want of prosecution upon a party’s motion. Independent of Rule 41(b), the district courts hold an inherent power to dismiss an action sua sponte for lack of prosecution. Link v. Wabash R.R., 370 U.S. 626, 630–32…

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