Maldonado v. Commissioner of Social Security

Filing 10

ORDER to SHOW CAUSE Why the Action Should Not Be Dismissed for Plaintiff's Failure to Prosecute and Failure to Comply With the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 12/29/2014. Show Cause Response due within 14 days. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PALEMON VASQUEZ MALDONADO, Plaintiff, 12 13 14 v. CAROLYN COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00627 - JLT ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR PLAINTIFF’S FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH THE COURT’S ORDER Plaintiff Palemon Vasquez Maldonaldo initiated this action by filing a complaint on April 25, 18 2014, seeking judicial review of the decision to denying an application for Social Security benefits. 19 (Doc. 1.) On April 28, 2014, the Court entered its Scheduling Order, setting forth the applicable 20 deadlines. (Doc. 3.) Pursuant to the Scheduling Order, Defendant lodged the administrative record on 21 September 11, 2014. (Doc. 9.) 22 In the Court’s Scheduling Order, Plaintiff was ordered to file an opening brief addressing “each 23 claimed error” by the administrative law judge within 95 days of the lodging of the administrative 24 record. (See Doc. 3 at 2, explaining the applicable briefing deadlines.) Accordingly, Plaintiff was to 25 file an opening brief in this action no later than December 15, 2014. However, Plaintiff failed to file an 26 opening brief and has not requested an extension of time from the Court. 27 28 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 1 1 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 2 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 3 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 4 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute 5 an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. 6 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order); 7 Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with 8 a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to 9 prosecute and to comply with local rules). 10 Accordingly, Plaintiff is ORDERED to show cause within fourteen days of the date of service 11 of this Order why the action should not be dismissed for failure to prosecute or to follow the Court’s 12 Order, or in the alternative to file an opening brief. 13 14 15 16 IT IS SO ORDERED. Dated: December 29, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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