Hospice By The Sea, LTD v. Secretary of Health and Human Services

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24-cv-01529-DMS-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HOSPICE BY THE SEA, LTD,
Plaintiff,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Defendant.
Case No.: 24-cv-01529-DMS-DEB
ORDER DISMISSING CASE
On January 28, 2026, the Court ordered Plaintiff to show cause why the cause should
not be dismissed because “it appears that Plaintiff is not a natural person and is not
represented by an attorney permitted to practice” in violation of 28 U.S.C. § 1654 and Local
Rule 83.3(j). (ECF No. 13.) Plaintiff did not respond by the deadline of February 6, 2026.
A district court may dismiss an action for failure to comply with the district’s Local
Rules or a court order. See Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683,
689 (9th Cir. 2005) (providing “courts may dismiss under [Federal Rule of Civil Procedure]
41(b) sua sponte, at least under certain circumstances”); S.D. Cal. Civ. R. 83.1(a)
(providing that failure “to comply with these rules . . . or with any order of the Court may
be grounds for imposition by the Court of . . . sanctions authorized by statute or rule or
within the inherent power of the Court, including, without limitation, dismissal of any
actions”).
Case 3:24-cv-01529-DMS-DEB Document 14 Filed 02/09/26 PageID.<pageID>
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24-cv-01529-DMS-DEB
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Accordingly, this action is DISMISSED without prejudice. All pending motions
are TERMINATED as moot. (See ECF Nos. 9, 12.) The Clerk of the Court is directed to
close the case.
IT IS SO ORDERED.
Dated: February 9, 2026
_________________________________
Hon. Dana M. Sabraw
United States District Judge
Case 3:24-cv-01529-DMS-DEB Document 14 Filed 02/09/26 PageID.<pageID>
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