(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 action 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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE MORALES GONZALEZ,
Plaintiff,

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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

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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.
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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

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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

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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.
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IT IS SO ORDERED.

11 Dated:

September 10, 2020
UNITED STATES MAGISTRATE JUDGE

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