White v. Commissioner of Social Security

Filing 19

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE signed by Magistrate Judge Sandra M. Snyder on 12/10/2014. CASE CLOSED.(Lundstrom, T)

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,

ORDER DISMISSING CASE
FOR FAILURE TO PROSECUTE

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security

Doc. 18

14
Defendant.
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. After more than 45 days had passed, Plaintiff had neither named a
28
1

1

new attorney, provided notice that she would proceed in propria persona, filed an opening brief,

2

nor responded to the Court’s order in any other way.

3

Accordingly, on November 21, 2014, the Court issued an order to show cause why this

4
case should not be dismissed for failure to prosecute, requiring Plaintiff to respond within fifteen
5
6
7
8

days. Plaintiff did not respond in any way.
Accordingly, the Court hereby DISMISSES this case for failure to prosecute. The Clerk
of Court is directed to close the case.

9
10

IT IS SO ORDERED.

11
Dated:
12

December 10, 2014

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2