White v. Commissioner of Social Security

Filing 18

ORDER TO SHOW CAUSE DIRECTING plaintiff to show cause, in writing, why this case should not be dismissed for failure to comply with the Court's Order of 9/4/2014. Said response is due fifteen days from the date of service of this order. Order signed by Magistrate Judge Sandra M. Snyder on 11/21/2014. (Rooney, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Case No. 1:13-cv-01706-SMS 10 KRYSTON MICHAEL WHITE, 11 12 13 Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH THE COURT'S ORDER Doc. 17 14 Defendant. RESPONSE DUE WITHIN FIFTEEN (15) DAYS 15 16 17 18 19 On October 23, 2013, Plaintiff Kryston Michael White filed a complaint seeking review of the Commissioner's denial of her application for supplemental security income pursuant to Title XVI, of the Social Security Act (42 U.S.C. § 301 et seq.) (the "Act"). On June 4, 2014, Plaintiff's 20 21 22 23 24 25 26 attorney moved for an order relieving her as counsel to Plaintiff, alleging Plaintiff's failure to communicate with counsel to proceed with this action. The Court held two hearings on the motion: Plaintiff did not appear at either hearing. Accordingly, on September 4, 2014, the Court entered an order permitting Plaintiff's attorney to withdraw from this case. The order directed Plaintiff to notify the Clerk of Court of her new attorney or her election to proceed in propria persona within thirty days, and to file her 27 opening brief within 45 days. Although more than 45 days have passed, Plaintiff has neither 28 1 1 named a new attorney, provided notice that she will proceed in propria persona, filed an opening 2 brief, nor responded to the Court’s order in any other way. . 3 4 The Court has discretion to impose any and all sanctions authorized by statute or Rule or within the inherent power of the Court, including dismissal of an action, based on Plaintiff’s 5 6 failure to comply with a court order. Fed. R. Civ. P. 11; Local Rule 110. 7 Accordingly, the Court hereby ORDERS: 8 1. Within fifteen (15) days from the date of service of this order, Plaintiff shall file a 9 written response to the Court, showing cause why this case should not be dismissed 10 11 for Plaintiff's failure to obey the Court’s order filed September 4, 2014. 2. The Clerk of Court shall mail one copy of this order and of the Court's September 4, 12 2014 order (Doc. 17) to Plaintiff's last known address: 5098 East Ashlan Ave., No. 13 102, Fresno, CA 93727. 14 15 3. Plaintiff's failure to comply with this order will result in the dismissal of this action 16 without further notice. 17 18 IT IS SO ORDERED. 19 Dated: 20 November 21, 2014 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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