Webb v. Commissioner of Internal Revenue

Filing 16

ORDER TO SHOW CAUSE re: 13 , Signed by Judge Kandis A. Westmore on 11/13/2023. Show Cause Response due by 12/8/2023. (wft, COURT STAFF) (Filed on 11/13/2023) 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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SHELENA WEBB,
Plaintiff,

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v.

Case No. 4:23-cv-02455-KAW
ORDER TO SHOW CAUSE
Re: Dkt. No. 13

COMMISSIONER OF INTERNAL
REVENUE,

United States District Court
Northern District of California

Defendant.
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On May 19, 2023, Plaintiff filed this civil action and application to proceed in forma

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pauperis. On September 25, 2023, the Court granted Plaintiff’s application to proceed in forma

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pauperis. Pursuant to 28 U.S.C. § 1915(e)(2), the Court then screened Plaintiff’s complaint and

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found it deficient, finding that Plaintiff had failed to set forth a “short and plain statement of the

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claim showing that the pleader is entitled to relief.” (Dkt. No. 13 at 3.) The Court ordered Plaintiff

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to file an amended complaint that provided the legal and factual basis for all claims by October 20,

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2023. Id. at 3. The Court warned that the failure to do so would result in the case being reassigned

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to a district judge with the recommendation that the case be dismissed. Id. To date, Plaintiff has

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not filed an amended complaint.

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Accordingly, the Court ORDERS Plaintiff to show cause, by December 8, 2023, why the

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case should not be dismissed for failure to prosecute, and why they did not timely file the

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amended complaint. Additionally, Plaintiff shall file the amended complaint. Failure to respond to

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the order to show cause and file the amended complaint by the deadline will result in the Court

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reassigning the case to a district judge with the recommendation that the case be dismissed.

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Again, Plaintiff may wish to contact the Federal Pro Bono Project's Help Desk for
assistance—a free service for pro se litigants—by calling [phone] to make an appointment.

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Plaintiff may also wish to consult the manual the court has adopted to assist pro se litigants in

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presenting their case. This manual, and other free information for pro se litigants, is available

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online at: http://cand.uscourts.gov/proselitigants.

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IT IS SO ORDERED.
Dated: November 13, 2023
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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