Isley v. Commissioner of Social Security
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 6/29/2011. Show Cause Response due by 7/13/2011. (Leon-Guerrero, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JESSE JAMES ISLEY,
) Case No.: 1:10-cv-01378 JLT
)
Plaintiff,
) ORDER TO SHOW CAUSE WHY THE ACTION
) SHOULD NOT BE DISMISSED
v.
)
)
MICHAEL J. ASTRUE,
)
Commissioner of Social Security,
)
)
Defendant.
)
_______________________________________ )
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Jesse James Isley (“Plaintiff”) initiated this action by filing his complaint against the
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Commissioner of Social Security (“Defendant”) on July 30, 2010. (Doc. 1). On August 2, 2010, the
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Court entered its Scheduling Order, setting the applicable deadlines. (Doc. 7). Pursuant to the
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Scheduling Order, the administrative record was lodged on December 7, 2010. (Doc. 11). On
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March 10, 2010, the parties stipulated to an extension of time to for Plaintiff to file his Opening
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Brief. (Doc. 12).
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Plaintiff’s counsel, Denise Haley, filed a motion to withdraw as attorney of record, which
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was granted by the Court on May 11, 2011. (Docs. 16, 29). The Court ordered Plaintiff to file his
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Opening Brief within forty-five days of service of the order, or by June 27, 2011.1 (Doc. 19 at 3).
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To date, Plaintiff has failed to file his Opening Brief, or otherwise respond to the Court’s order.
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Plaintiff’s Opening Brief was due June 25, 2011. However, because that date fell on a Saturday, his Opening Brief
was to be filed no later than June 27, 2011.
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Notably, Plaintiff was advised that failure to comply with the Court’s order, the Local Rules, or the
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Federal Rules may result in dismissal of the action. Id. at 4.
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The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a
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party to comply with . . . any order of the Court may be grounds for the imposition by the Court of
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any and all sanctions . . . within the inherent power of the Court.” LR 110. “District courts have
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inherent power to control their dockets,” and in exercising that power, a court may impose sanctions
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including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831
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(9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute
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an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v.
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Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order
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requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir.
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1987) (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421,
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1424 (9th Cir. 1986) (dismissal for failure to prosecute and to comply with local rules).
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Accordingly, Plaintiff is ORDERED to show cause within fourteen (14) days of the date of
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service of this Order why the action should not be dismissed for his failure to prosecute or to follow
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the Court’s Order.
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IT IS SO ORDERED.
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Dated: June 29, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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