Cook v. Commissioner of Social Security

Filing 13

ORDER REQUIRING 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 1/26/17. Show Cause Response Due Within Seven Days. (Marrujo, C)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 TERREN DANAE COOK, 13 Plaintiff, 14 15 v. COMMISSIONER OF SOCIAL SECURITY, Case No. 1:16-cv-00631-SAB ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER SEVEN DAY DEADLINE 16 Defendant. 17 18 19 On May 2, 2016, Plaintiff filed the present action in this court seeking review of the 20 Commissioner’s denial of an application for benefits. On May 6, 2016, the Court issued a 21 scheduling order. (ECF No. 6). The scheduling order states that within 95 days from the filing of 22 the administrative record, Plaintiff shall file an opening brief. Defendant lodged the Social 23 Security administrative record on October 11, 2016. (ECF No. 11.) More than 95 days have 24 passed and Plaintiff has not filed an opening brief nor sought an extension of time to do so. 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 26 or with any order of the Court may be grounds for imposition by the Court of any and all 27 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 28 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 1 1 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2 2000). 3 Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file a written response to this 4 order to show cause why this action should not be dismissed for failure to comply with the 5 scheduling order within seven (7) days of the date of service of this order. Failure to comply with 6 this order to show cause shall result in this action being dismissed for failure to prosecute. 7 8 9 IT IS SO ORDERED. Dated: January 26, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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