Guerrero v. Commissioner of Social Security

Filing 9

ORDER Rrequiring Plaintiff to SHOW CAUSE Why this Action should not be Dismissed for Failure to Comply with Court Order, signed by Magistrate Judge Stanley A. Boone on 6/7/2016. (Show Cause Response due by 6/15/2016.)(Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLAUDIA GUERRERO,
Plaintiff,

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ORDER REQUIRING PLAINTIFF TO
SHOW CAUSE WHY THIS ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO COMPLY WITH COURT
ORDER

v.

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Case No. 1:16-cv-00573-SAB

COMMISSIONER OF SOCIAL SECURITY.

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Defendant.

Response due: June 15, 2016

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Plaintiff Claudia Guerrero filed a social security complaint on April 23, 2016. (ECF No.

18 1.) On May 12, 2016, the summons and scheduling order issued. (ECF Nos. 7, 8.) Pursuant to
19 the scheduling order, Plaintiff was required to effect service within twenty days and file a copy
20 of the return of service. (ECF No. 8-1 at ¶ 1.) To date, no return of service has been filed with
21 the Court and there is no indication that Plaintiff has served the summons or complaint.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

23 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
24 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to
25 control its docket and may, in the exercise of that power, impose sanctions where appropriate,
26 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.
27 2000).
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Accordingly, Plaintiff is HEREBY ORDERED to SHOW CAUSE why this action should

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2 not be dismissed for Plaintiff’s failure to comply with the Court’s scheduling order and
3 Plaintiff’s failure to prosecute this action. Plaintiff shall file a written response to this order to
4 show cause no later than June 15, 2016. Plaintiff is forewarned that failure to respond to this
5 order to show cause will result in the dismissal of this action.
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IT IS SO ORDERED.

8 Dated:

June 7, 2016
UNITED STATES MAGISTRATE JUDGE

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