California Case Summaries

Toan Duc Vu v. USCIS — Court Orders Plaintiff to Show Cause Why Case Should Not Be Dismissed for Lack of Prosecution

Unreported / Non-Citable

Case
Toan Duc Vu v. USCIS
Court
U.S. District Court — Central District of California
Judge
Sherilyn Peace Garnett
Date decided
2026-10-29
Docket No.
2:24-cv-01588
Topics
order to show cause, dismissal for lack of prosecution, Link v. Wabash inherent power, status report, failure to respond deemed consent, Rule 78 submission

Disposition notice

On October 29, 2026, Judge Sherilyn Peace Garnett of the U.S. District Court for the Central District of California issued an order to show cause in Toan Duc Vu v. USCIS, No. 2:24-cv-01588-SPG-MBK, directing the plaintiff to explain in writing by November 12, 2026, why the case should not be dismissed for lack of prosecution. Citing Link v. Wabash R. Co., 370 U.S. 626 (1962), the court noted its inherent power to dismiss for lack of prosecution on its own motion and stated that the docket reflects the plaintiff is not actively pursuing the matter. The plaintiff may satisfy the order by filing a status report of no more than four pages describing the current state of the litigation; the matter will stand submitted upon the filing of the response under Federal Rule of Civil Procedure 78, and failure to respond will be deemed consent to dismissal.

Read the public order

Scroll to Top