Johnson Williams v. Commissioner of Social Security

Filing 12

ORDER signed by Judge John A. Mendez on 6/14/2012 ORDERING that Plaintiff's 3/5/2012 10 motion is GRANTED and the order and judgment are SET ASIDE. The Clerk of the Court is directed to REOPEN the case. The Clerk of the Court is directed to s end plaintiff a copy of the magistrate judge's 7/26/2011 order. Within fourteen days from the date of this order, plaintiff shall comply with the magistrate judge's 7/26/2011 order. Plaintiff is warned that failure to comply with this order will result in dismissal of this case. (Zignago, K.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

GAI TOI JOHNSON WILLIAMS,

11
12
13

Plaintiff,

No. CIV S-11-1898 JAM EFB

vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

14
Defendant.
15
16

ORDER
/

On February 23, 2012, the court dismissed this case for failure to prosecute. Dckt.

17

No. 7. On the same date judgment was entered and the case was closed. Dckt. No. 8. Plaintiff

18

now requests this court reopen the case. Dckt. No. 10. The court construes plaintiff’s request as

19

a motion for relief from the February 23, 2012 judgment pursuant to Federal Rule of Civil

20

Procedure 60(b).

21

Federal Rule of Civil Procedure 60(b)(1) provides that “[o]n motion and just

22

terms, the court may relieve a party or its legal representative from a final judgment, order, or

23

proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect

24

. . . .” Plaintiff contends that she missed this court’s deadlines because she is homeless and

25

suffering from depression. She states, however, that she has secured a stable mailing address and

26

will be able to comply with any future deadlines.
1

1

The undersigned finds that plaintiff’s failure to abide by the court’s deadlines due

2

to her living situation and depression constituted excusable neglect. Accordingly, IT IS

3

HEREBY ORDERED that:

4
5

1. Plaintiff’s March 5, 2012 motion is granted and the order and judgment are set
aside;

6

2. The Clerk of the Court is directed to reopen the case;

7

3. The Clerk of the Court is directed to send plaintiff a copy of the magistrate

8

judge’s July 26, 2011 order;

9
10

4. Within fourteen days from the date of this order, plaintiff shall comply with the
magistrate judge’s July 26, 2011 order; and

11

5. Plaintiff is warned that failure to comply with this order will result in dismissal

12

of this case.

13

DATED: June 14, 2012

14

/s/ John A. Mendez

15

UNITED STATES DISTRICT COURT JUDGE

16
17
18
19
20
21
22
23
24
25
26
2