Walner v. Commissioner of Social Security

Filing 15

Order to Show Cause why the action should not be dismissed for Plaintiffs failure to prosecute and failure to comply with the Courts Order, signed by Magistrate Judge Jennifer L. Thurston on 6/16/2017. Show Cause Response due by 7/3/2017. (Rosales, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 JOHNNIE LEE WALNER, ) ) Plaintiff, ) ) v. ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) ) Case No.: 1:16-cv-01646 - JLT ORDER TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR PLAINTIFF’S FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH THE COURT’S ORDER Jonnie Lee Walner initiated this action by filing a complaint on November 1, 2016, seeking 18 judicial review of the decision to denying Social Security benefits. (Doc. 1) On December 2, 2016, the 19 Court issued its Scheduling Order, setting forth the applicable deadlines. (Doc. 7-1) Pursuant to the 20 Scheduling Order, the administrative record was filed on May 1, 2017. (Doc. 14) 21 In the Court’s Scheduling Order, Plaintiff was ordered to serve “a letter brief outlining the 22 reasons why he/she contends that a remand is warranted” within thirty days of the date of service for 23 the administrative record. (Doc. 7-1 at 2) As set forth in the Scheduling Order, “The letter brief shall 24 succinctly set forth the relevant issues and reasons for the remand. The letter brief itself shall NOT be 25 filed with the court and it shall be marked ‘confidential.’” (Id.) However, Plaintiff was directed to file 26 “[a] separate proof of service reflecting that the letter brief was served” upon the Commissioner. (Id. 27 at 2) To date, Plaintiff has not filed a proof of service, and has not requested an extension of time to 28 serve the confidential letter brief. 1 1 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 2 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 3 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 4 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 5 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 6 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute 7 an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. 8 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order); 9 Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with 10 a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to 11 prosecute and to comply with local rules). 12 Accordingly, within 14 days, Plaintiff SHALL show cause why the action should not be 13 dismissed for failure to prosecute or to follow the Court’s Order or to file proof of service of the 14 confidential letter brief. 15 16 17 18 IT IS SO ORDERED. Dated: June 16, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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