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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHARLES ZINNERMAN, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 24-cv-00141-TSH ORDER TO SHOW CAUSE v. CLENTON TAXDHAL, et al., Defendants. 12 13 Plaintiffs Charles Zinnerman and Denise Zinnerman have filed a complaint (ECF No. 1), 14 but it is unclear if Denise is intended as a named plaintiff. Although she is listed in the caption, 15 Denise is not listed in the body of the complaint, the description of the claims is in the first person 16 singular, and she didn’t sign the complaint. Charles is also the only named plaintiff that filed an 17 application to proceed in forma pauperis (ECF No. 2). As such, on January 9 the Court directed 18 Plaintiffs to clarify the status of their filings. ECF No. 4. If Denise sought to be a plaintiff, the 19 Court directed her to file an application to proceed in forma pauperis or pay the $402.00 filing fee 20 by January 31, 2024. Alternatively, if Charles intends to be the only named plaintiff, the Court 21 directed him to file an amended complaint by the same deadline. Neither Charles nor Denise 22 responded to the Court’s order. Charles did file a document captioned “Add to Complaint,” but it 23 does not address the Court’s order and instead appears to be an attempt to add further allegations 24 to the complaint. ECF No. 6. 25 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 26 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 27 (1962). Accordingly, the Court ORDERS Plaintiffs Charles and Denise Zinnerman to show cause 28 why this case should not be dismissed for failure to prosecute and failure to comply with court 1 deadlines. Plaintiffs shall file a declaration by February 22, 2024. If a responsive declaration is 2 filed, the Court shall either issue an order based on the declaration or conduct a hearing on March 3 7, 2024 at 10:00 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, 4 California. 5 Notice is hereby provided that failure to file a written response will be deemed an 6 admission that Plaintiff(s) do not intend to prosecute, and the Court will recommend this case be 7 dismissed. Thus, it is imperative the Court receive a written response by the deadline above. 8 IT IS SO ORDERED. 9 10 Dated: February 6, 2024 United States District Court Northern District of California 11 THOMAS S. HIXSON United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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