Flores v. Commissioner of Social Security

Filing 6

ORDER to SHOW CAUSE signed by Magistrate Judge Barbara A. McAuliffe on 03/06/2015. Show Cause Response due by 4/10/2015.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD FLORES,

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1:14-cv-1005 BAM

Plaintiff,
ORDER TO SHOW CAUSE

v.

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COMMISSIONER OF SOCIAL
SECUIRTY,
Defendant.
Plaintiff is proceeding pro se and in forma pauperis in this action challenging his denial of
disability benefits. (Docs. 1-3). On July 9, 2014, Plaintiff was advised that in order for his case
to proceed, within ninety days, he needed to complete the consent form agreeing to the

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assignment of his case to a Magistrate Judge, or request reassignment to a District Court Judge.
(Doc. 5). Additionally, Plaintiff was ordered to 1) complete a USM-285 form, and 2) submit five

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copies of the original summons, five copies of the order directing service by the U.S. Marshal,

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and five copies of any other documents to be served. Id. To date, Plaintiff has failed to complete

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any of the above items.
Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules
or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court." District courts have the inherent power to
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control their dockets and "in the exercise of that power, they may impose sanctions including,

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where appropriate . . . dismissal of a case." Thompson v. Housing Auth., 782 F.2d 829, 831 (9th

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Cir. 1986). A court may dismiss an action, with prejudice, based on a party's failure to prosecute

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an action, failure to obey a court order, or failure to comply with local rules. See, e.g. Ghazali v.

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Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance with local rule); 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); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)
(dismissal for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of

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address); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure

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to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)

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(dismissal for failure to lack of prosecution and failure to comply with local rules). In

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determining whether to dismiss an action for lack of prosecution, failure to obey a court order, or
failure to comply with local rules, the court must consider several factors: (1) the public's interest

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in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of

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prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and

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(5) the availability of less drastic alternatives. Thompson, 782 F.2d at 831; Henderson, 779 F.2d

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at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.

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Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE, why the action should
not be dismissed for his failure to follow this Court’s order. If Plaintiff no longer intends to

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pursue this case, he shall so advise the Court by filing a Notice of Voluntary Dismissal. If the
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Plaintiff intends to pursue his case, he needs to complete the above items no later than April 10,

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2015. If Plaintiff timely complies with this order, this Order to Show Cause will be vacated.

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However, Plaintiff’s failure to timely respond to this Order to Show Cause will result in

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dismissal of this action in its entirety.
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The Clerk of the Court is directed to serve this Order to Show Cause and a copy of the

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summons (Doc. 4) and the scheduling order including related documents (Doc. 5 – 5.3) on

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Plaintiff at the following address:

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4888 E. Florence
Fresno, California 93725

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 6, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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