Estrada v. Commissioner of Social Security

Filing 17

ORDER Adopting Findings and Recommendations and Dismissing Action, signed by District Judge Anthony W. Ishii on 9/15/16. CASE CLOSED. (Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SYLVIA ESTRADA,
Plaintiff,

12
13
14

v.
COMMISSIONER OF SOCIAL
SECURITY,

Case No. 1:16-cv-00497-AWI-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION
(ECF No. 11)

15
Defendant.
16
17
18

Plaintiff Sylvia Estrada (“Plaintiff”), proceeding pro se, filed a complaint seeking judicial

19 review of a final decision of the Commissioner of Social Security (“Commissioner” or
20 “Defendant”) denying her application for disability benefits pursuant to the Social Security Act
21 on April 8, 2016. The matter was referred to a United States Magistrate Judge pursuant to 28
22 U.S.C. § 636(b)(1)(B) and Local Rule 302.
23

On June 29, 2016, the Magistrate Judge filed a findings and recommendations. The

24 findings and recommendations recommended that this action be dismissed without prejudice for
25 Plaintiff’s failure to comply with orders of the court and failure to prosecute. The findings and
26 recommendations was served on Plaintiff and contained notice that any objections were to be
27 filed within thirty days from the date of service. On August 5, 2016, an order issued adopting
28 the findings and recommendations and this action was dismissed. On August 25, 2016, Plaintiff

1

1 filed a motion for reconsideration. On August 29, 2016, an order issued vacating the prior order
2 and reopening this action.

Plaintiff was ordered to file objections to the findings and

3 recommendations by September 12, 2016. Further, the order provided that the Clerk of the Court
4 must be in receipt of the objections by September 12, 2016. The time to file objections has
5 passed and Plaintiff has not filed objections to the findings and recommendations.
6

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

7 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
8 Findings and Recommendations to be supported by the record and by proper analysis.
9
10

Accordingly, IT IS HEREBY ORDERED that:
1.

FULL;

11
12

2.

This action is DISMISSED WITHOUT PREJUDICE for Plaintiff’s failure to
comply with court orders and failure to prosecute; and

13
14

The Findings and Recommendations, filed June 29, 2016, is ADOPTED IN

3.

The Clerk of the Court is DIRECTED to close this action.

15
16

IT IS SO ORDERED.

17 Dated: September 15, 2016

SENIOR DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28

2