(SS) Gonzalez v. Commissioner of Social Security

Filing 4

ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER. Accordingly, the Court HEREBY ORDERS PLAINTIFF TO SHOW CAUSE within five (5) days of the date of entry of this order why this ac tion should not be dismissed for failure to comply with the August 18, 2020 order. Plaintiff is forewarned that the failure to show cause may result in the imposition of monetary sanctions and the dismissal of this action. Signed by Magistrate Judge Stanley A. Boone on 9/10/2020. (Hernandez, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE MORALES GONZALEZ, Plaintiff, 12 13 14 15 Case No. 1:20-cv-01146-SAB ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. (ECF No. 3) FIVE DAY DEADLINE 16 17 18 On August 17, 2020, Plaintiff Jose Morales Gonzalez (“Plaintiff”) filed an application to 19 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) Upon review of the 20 application, the Court was unable to determine if Plaintiff is entitled to proceed without 21 prepayment of fees in this action without additional information concerning all sources of 22 income and expenses/financial obligations. On August 18, 2020, an order issued requiring 23 Plaintiff to file a long form application to proceed without prepayment of fees or pay the filing 24 fee within twenty days. The deadline has passed and Plaintiff has not filed a long form 25 application to proceed without prepayment of fees, paid the filing fee in this action, or otherwise 26 responded to the August 18, 2020 order. 27 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 28 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 1 1 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 2 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 3 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 4 2000). Accordingly, the Court HEREBY ORDERS PLAINTIFF TO SHOW CAUSE within five 5 6 (5) days of the date of entry of this order why this action should not be dismissed for failure to 7 comply with the August 18, 2020 order. Plaintiff is forewarned that the failure to show cause 8 may result in the imposition of monetary sanctions and the dismissal of this action. 9 10 IT IS SO ORDERED. 11 Dated: September 10, 2020 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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