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)

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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

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