Gier v. Commissioner of Social Security

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 8/16/2013 ORDERING the plaintiff to SHOW CAUSE in writing within 14 days, why monetary sanctions should not be imposed and/or why this case should not be dismissed for lack of prosecution and failure to comply with court orders. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD GIER, SR.,

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No. 2:13-cv-0012-KJN

Plaintiff,
v.

ORDER TO SHOW CAUSE

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff Donald Gier, Sr., who is represented by counsel, commenced this social security

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action on January 2, 2013. (ECF No. 1.) On January 4, 2013, the court granted plaintiff’s request

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to proceed in forma pauperis and ordered service of the complaint on the Commissioner by the

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U.S. Marshal. (ECF No. 4.) That same day, the court issued a scheduling order, which required

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plaintiff to file a motion for summary judgment and/or remand within 45 days from being served

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with a copy of the administrative record, unless plaintiff elected to first submit new evidence

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outside the evidentiary record, along with a request for voluntary remand, to the Commissioner.

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(ECF No. 6 at 2.)

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The Commissioner lodged the administrative transcript on May 13, 2013. (ECF No. 12.)

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Although the above-mentioned 45-day period has long passed, and the court received no notice

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that plaintiff elected to submit new evidence and a request for voluntary remand to the
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Commissioner, plaintiff failed to file a motion for summary judgment.

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The court’s January 4, 2013 scheduling order in this matter expressly states that failure to

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adhere to scheduling deadlines “may result in sanctions, including dismissal. L.R. 110. Plaintiff

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has an affirmative duty to prosecute this action, and failure to do so may result in a dismissal for

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lack of prosecution. Fed. R. Civ. P. 41(b). Requests to modify this order must be made by

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written motion.” (ECF No. 6 at 3-4.) No motion or request for a continuance was filed by

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plaintiff.

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Accordingly, within fourteen (14) days of this order, plaintiff shall show cause in writing

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why monetary sanctions should not be imposed and/or why this case should not be dismissed for

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lack of prosecution and failure to comply with court orders. Failure to timely file the required

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writing will result in dismissal of the action. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110; see

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also Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)

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(recognizing that a court may dismiss an action pursuant to Federal Rule of Civil Procedure 41(b)

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sua sponte for a plaintiff’s failure to prosecute or comply with the rules of civil procedure or the

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court’s orders).

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IT IS SO ORDERED.
Dated: August 16, 2013

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