Darwin Boggs v. Rosalino Cruz et al.

Summary

The United States District Court for the Central District of California ordered Plaintiff Darwin Boggs to show cause why the action should not be dismissed for lack of prosecution. The court noted that Defendants had not answered and directed Plaintiff to seek entry of default or dismiss the complaint by September 16, 2025, warning that failure to respond would be deemed consent to dismissal.

Holdings

1. A district court has inherent authority to dismiss an action for lack of prosecution on its own motion, and may require the plaintiff to show cause why dismissal should not occur.
2. When defendants have not answered the complaint, plaintiff may respond to the order to show cause by seeking entry of default under Federal Rule of Civil Procedure 55(a) or by dismissing the complaint.

Questions Presented

1. Whether the court should require plaintiff to show cause why the action should not be dismissed for lack of prosecution.
2. Whether plaintiff's failure to seek entry of default after defendants failed to answer warranted further action under Federal Rule of Civil Procedure 55(a).

Disposition

other