Clawson v. Commissioner of Social Security

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/12/2018 RECOMMENDING that this action be dismissed, without prejudice. Referred to Judge Troy L. Nunley. Objections to F&R due within 21 days. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REBECCA ANN CLAWSON,

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No. 2:16-cv-00944 TLN AC (PS)

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

NANCY A. BERRYHILL, Acting
Commissioner Of Social Security,
Defendant.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On May 6, 2016, a

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scheduling order was issued in this case ordering the plaintiff to serve a copy of the scheduling

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order and complete service of process within 21 days of filing the complaint. ECF No. 4 at 2. On

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February 26, 2018, this court ordered plaintiff to show cause by March 7, 2018 as to why, over a

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year and a half after she was supposed to complete service, there is no evidence in the record that

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plaintiff has completed service. ECF No. 6. The deadline to show cause has now passed and

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plaintiff has taken no action in this case.

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Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without

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prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R.

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Civ. P. 41(b); Local Rule 110.
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These findings and recommendations are submitted to the United States District Judge

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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one

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(21) days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. Such document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: March 12, 2018

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