Wescott v. Apple Inc

Filing 6

ORDER TO SHOW CAUSE re Dismissal for Failure to Prosecute and to Comply with Court Order. Plaintiff's Show Cause Response due by 1/22/2024. Signed by Magistrate Judge Virginia K. DeMarchi on 1/8/2024. (vkdlc2, COURT STAFF) (Filed on 1/8/2024)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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SAN JOSE DIVISION

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CARL A. WESCOTT,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 23-cv-06254-VKD
ORDER TO SHOW CAUSE RE
DISMISSAL FOR FAILURE TO
PROSECUTE AND TO COMPLY
WITH COURT ORDER

v.
APPLE INC,
Defendant.

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On December 4, 2023, Carl A. Wescott, who is representing himself, filed a complaint,

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along with an application for leave to proceed in forma pauperis (“IFP”). Dkt. Nos. 1, 2. On

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December 6, 2023, the Court granted Mr. Wescott’s IFP application, but found that his complaint

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failed to sufficiently identify a basis for the Court’s jurisdiction, and also failed to state a claim for

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relief. Dkt. No. 4. Accordingly, the Court stayed service of process and gave Mr. Wescott until

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January 5, 2024 to file an amended complaint. Id. The Court’s December 6, 2023 order stated

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that “[i]f Mr. Wescott cannot cure the identified deficiencies, the Court will recommend

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termination and dismissal of the complaint in whole or in part.” Id. at 3-4.

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The docket indicates that Mr. Wescott has not filed an amended complaint, and the January
5, 2024 deadline for doing so has passed.

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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). By January 22, 2024, Mr. Wescott shall file a written response to this order explaining

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

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court orders. If Mr. Wescott fails to respond to this order by the January 22, 2024 deadline, the

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Court will reassign this action to a district judge, with the recommendation that the action be

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dismissed without prejudice for failure to prosecute and to comply with court orders.

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IT IS SO ORDERED.
Dated: January 8, 2024

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Virginia K. DeMarchi
United States Magistrate Judge

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United States District Court
Northern District of California

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