Walker-Cook v. Scripps Health

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3:25-cv-01670-JAH-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Jan Marie Walker-Cook,
Plaintiff,
v.
Scripps Health,
Defendant.
Case No.: 3:25-cv-01670-JAH-JLB
ORDER DISMISSING CASE
WITHOUT PREJUDICE
On November 25, 2025, the Court issued an order to show cause in the above-
entitled matter, directing Plaintiff Jan Marie Walker-Cook (“Plaintiff”) to file a brief by
December 22, 2025 to explain why her complaint should not be dismissed for failure to
serve Defendant Scripps Health (“Defendant”). ECF No. 10. The Court found that more
than 90 days had elapsed without service of the Defendant, and the Court provided Plaintiff
with the opportunity “to show cause why her complaint should not be dismissed for failure
of service pursuant to Federal Rule of Civil Procedure Rule 4(m).” Id. at 2.
In its order to show cause, the Court also indicated: “If Plaintiff fails to present good
cause for an additional extension, the Court will dismiss the complaint without prejudice
pursuant to Federal Rule of Civil Procedure 4(m).” While the summons and the complaint
must be served on a defendant “within 90 days after filing the complaint” pursuant to Rule
Case 3:25-cv-01670-JAH-JLB Document 11 Filed 01/08/26 PageID.<pageID>
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3:25-cv-01670-JAH-JLB
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4(m), it has now been more than 190 calendar days in this case since the complaint was
filed without Plaintiff’s service of the Defendant.
Plaintiff has not submitted any briefing by the Court’s deadline of December 22,
2025, or anytime thereafter. 	“It is within the inherent power of the court to sua sponte
dismiss a case for lack of prosecution.” Ash v. Cvetkov, 739 F.2d 493, 496 (9th Cir. 1984)
(citing to Link v. Wabash R.R., 370 U.S. 626, 633 (1962)). As a result, the Court finds that
Plaintiff has failed to comply with the Federal Rules of Civil Procedure and this Court’s
prior order to show cause, and the Court accordingly orders the complaint DISMISSED
WITHOUT PREJUDICE. 	The Clerk of Court is instructed to close the above-entitled
matter.
IT IS SO ORDERED.
DATED: January 8, 2026
_________________________________
JOHN A. HOUSTON
UNITED STATES DISTRICT JUDGE
Case 3:25-cv-01670-JAH-JLB Document 11 Filed 01/08/26 PageID.<pageID>
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