Kimball v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/14/16 ORDERING that this Action is DISMISSED for failure to complay with Court Orders and failure to prosecute. The Clerk is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DUSTIN KIMBALL,

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No. 2:14-cv-2224-EFB

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On April 10, 2015, plaintiff’s counsel, Marc V. Kalagian, filed a motion to withdraw as
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counsel for plaintiff. ECF Nos. 14, 16. In response, plaintiff filed a proposed order substituting
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plaintiff, in pro se, as counsel of record. ECF No. 18. Plaintiff Dustin Kimball signed and
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indicated his consent to the proposed order of substitution.1 Id.

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In light of plaintiff’s consent to Mr. Kalagian’s motion to withdraw, the court granted Mr.
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Kalagian’s motion to withdraw as counsel for plaintiff. ECF No. 21. The May 13, 2015 order
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granting the motion instructed plaintiff to, within 21 days of the order, either (1) have new
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counsel file an appearance or (2) file an appearance pro se. Plaintiff was also directed to file his
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motion for summary judgment within 60 days. Plaintiff was admonished that failure to comply
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with the order could result in dismissal of the action.
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Local Rule 182(g) contemplates a substitution of attorneys, not a substitution of an
attorney for a party proceeding pro se.
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The time for compliance has passed, and plaintiff has not filed an appearance pro se, nor

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has new counsel appeared in this action. Further, plaintiff has not filed his motion for summary

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judgment.

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Accordingly, it is hereby ORDERED that:

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1. This action is dismissed for failure to comply with court orders and failure to

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prosecute. See Fed. R. Civ. P. 41(b); Local Rule 110.
2. The Clerk is directed to close this case.
DATED: January 14, 2016.

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