Zinnerman et al v. Taxdhal et al

Filing 7

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 3/7/2024 10:00 AM. Show Cause Response due by 2/22/2024. Signed by Judge Thomas S. Hixson on 2/6/2024. (tshlc1, COURT STAFF) (Filed on 2/6/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES ZINNERMAN, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 24-cv-00141-TSH
ORDER TO SHOW CAUSE

v.
CLENTON TAXDHAL, et al.,
Defendants.

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Plaintiffs Charles Zinnerman and Denise Zinnerman have filed a complaint (ECF No. 1),

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but it is unclear if Denise is intended as a named plaintiff. Although she is listed in the caption,

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Denise is not listed in the body of the complaint, the description of the claims is in the first person

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singular, and she didn’t sign the complaint. Charles is also the only named plaintiff that filed an

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application to proceed in forma pauperis (ECF No. 2). As such, on January 9 the Court directed

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Plaintiffs to clarify the status of their filings. ECF No. 4. If Denise sought to be a plaintiff, the

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Court directed her to file an application to proceed in forma pauperis or pay the $402.00 filing fee

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by January 31, 2024. Alternatively, if Charles intends to be the only named plaintiff, the Court

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directed him to file an amended complaint by the same deadline. Neither Charles nor Denise

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responded to the Court’s order. Charles did file a document captioned “Add to Complaint,” but it

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does not address the Court’s order and instead appears to be an attempt to add further allegations

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to the complaint. ECF No. 6.

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The Court possesses the inherent power to dismiss an action sua sponte “to achieve the

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orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33

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(1962). Accordingly, the Court ORDERS Plaintiffs Charles and Denise Zinnerman to show cause

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why this case should not be dismissed for failure to prosecute and failure to comply with court

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deadlines. Plaintiffs shall file a declaration by February 22, 2024. If a responsive declaration is

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filed, the Court shall either issue an order based on the declaration or conduct a hearing on March

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7, 2024 at 10:00 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco,

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California.

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Notice is hereby provided that failure to file a written response will be deemed an

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admission that Plaintiff(s) do not intend to prosecute, and the Court will recommend this case be

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dismissed. Thus, it is imperative the Court receive a written response by the deadline above.

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IT IS SO ORDERED.

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Dated: February 6, 2024

United States District Court
Northern District of California

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THOMAS S. HIXSON
United States Magistrate Judge

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