Boriga v. Comcast Cable Communications, LLC

Filing 14

ORDER TO SHOW CAUSE. Show Cause Response due by 10/16/2024. Signed by Judge P. Casey Pitts on 9/25/2024. (nmc, COURT USER) (Filed on 9/25/2024)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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DIMITRY BORIGA,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 24-cv-03500-PCP
ORDER TO SHOW CAUSE

v.
COMCAST CABLE
COMMUNICATIONS, LLC,
Defendant.

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After his initial complaint was dismissed, plaintiff Dimitry Boriga was ordered to file any

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amended complaint by no later than September 18, 2024. Dkt. No. 13. Boriga did not file an

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amended complaint by that date.

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Pursuant to Rule 41(b), a district court may sua sponte dismiss an action for failure to

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prosecute or comply with a court order. See Link v. Wabash R.R., 370 U.S. 626, 633 (1962);

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McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 1991). But such a dismissal should only be

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ordered when the failure to comply is unreasonable. See id. A district court should afford the

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litigant prior notice of its intention to dismiss. See Malone v. United States Postal Serv., 833 F.2d

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128, 133 (9th Cir. 1987). Boriga is therefore ordered to show cause why this action should not be

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dismissed for failure to prosecute. Boriga’s response or amended complaint must be filed within

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21 days of this Order.

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IT IS SO ORDERED.
Dated: September 25, 2024

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P. Casey Pitts
United States District Judge