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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SHELENA WEBB, Plaintiff, 8 9 10 11 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. 12 13 On May 19, 2023, Plaintiff filed this civil action and application to proceed in forma 14 pauperis. On September 25, 2023, the Court granted Plaintiff’s application to proceed in forma 15 pauperis. Pursuant to 28 U.S.C. § 1915(e)(2), the Court then screened Plaintiff’s complaint and 16 found it deficient, finding that Plaintiff had failed to set forth a “short and plain statement of the 17 claim showing that the pleader is entitled to relief.” (Dkt. No. 13 at 3.) The Court ordered Plaintiff 18 to file an amended complaint that provided the legal and factual basis for all claims by October 20, 19 2023. Id. at 3. The Court warned that the failure to do so would result in the case being reassigned 20 to a district judge with the recommendation that the case be dismissed. Id. To date, Plaintiff has 21 not filed an amended complaint. 22 Accordingly, the Court ORDERS Plaintiff to show cause, by December 8, 2023, why the 23 case should not be dismissed for failure to prosecute, and why they did not timely file the 24 amended complaint. Additionally, Plaintiff shall file the amended complaint. Failure to respond to 25 the order to show cause and file the amended complaint by the deadline will result in the Court 26 reassigning the case to a district judge with the recommendation that the case be dismissed. 27 28 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 (415) 782-8982 to make an appointment. 1 Plaintiff may also wish to consult the manual the court has adopted to assist pro se litigants in 2 presenting their case. This manual, and other free information for pro se litigants, is available 3 online at: http://cand.uscourts.gov/proselitigants. 4 5 IT IS SO ORDERED. Dated: November 13, 2023 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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