Francisco Alfonzo Nava v. Commissioner of Social Security

Filing 9

Order to Show Cause Re Dismissal for Failure to Prosecute by Magistrate Judge Charles F. Eick. It is Ordered that Plaintiff shall appear before Magistrate Judge Charles F. Eick in Courtroom 750 at 9:30 a.m., on 1/5/18, and then and there shall show cause, if there be any, why this action should not be dismissed for violation of this Court's previous Order and for Plaintiff's failure to prosecute this action. (See document for further details.) (sp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 FRANCISCO ALFONZO NAVA, ) ) Plaintiff, ) ) v. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) ) Defendant. ) ___________________________________) NO. ED CV 17-2149-PSG(E) ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE 17 18 By Order filed October 24, 2017, the Court directed Plaintiff to 19 file a proof of service of the Summons and Complaint within thirty 20 (30) days of the date of that Order. 21 proof of service has been filed. As of the present date, no such 22 23 IT IS ORDERED that Plaintiff shall appear before Magistrate 24 Judge Charles F. Eick in Courtroom 750 at 9:30 a.m., on January 5, 25 2018, and then and there shall show cause, if there be any, why this 26 action should not be dismissed for violation of this Court’s previous 27 Order and for Plaintiff’s failure to prosecute this action. 28 v. Wabash R.R., 370 U.S. 626, 629-30 (1952). See Link 1 If proof of service of the Summons and Complaint is filed with 2 the Clerk and a copy delivered to the Chambers of the Magistrate Judge 3 before the hearing date, the Order to Show Cause Re Dismissal will be 4 taken off calendar and Plaintiff need not appear. 5 6 If no proof of service is filed and submitted prior to the 7 hearing, and if Plaintiff objects to dismissal of the action, 8 Plaintiff shall file a written objection to the dismissal, with points 9 and authorities, not later than ten (10) days prior to the hearing. 10 (Failure to file such objection within the time specified or failure 11 to appear at the hearing will be deemed a consent to the dismissal of 12 the action as proposed herein). 13 14 If Plaintiff does not object to the proposed dismissal, Plaintiff 15 shall so inform the Clerk in writing and Plaintiff’s appearance at the 16 hearing will be excused. 17 18 19 IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of this Order by United States mail on counsel for Plaintiff. 20 21 DATED: December 5, 2017. 22 23 24 25 /s/ CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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