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.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REBECCA ANN CLAWSON, 12 13 14 15 16 No. 2:16-cv-00944 TLN AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS NANCY A. BERRYHILL, Acting Commissioner Of Social Security, Defendant. 17 18 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 19 undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On May 6, 2016, a 20 scheduling order was issued in this case ordering the plaintiff to serve a copy of the scheduling 21 order and complete service of process within 21 days of filing the complaint. ECF No. 4 at 2. On 22 February 26, 2018, this court ordered plaintiff to show cause by March 7, 2018 as to why, over a 23 year and a half after she was supposed to complete service, there is no evidence in the record that 24 plaintiff has completed service. ECF No. 6. The deadline to show cause has now passed and 25 plaintiff has taken no action in this case. 26 Therefore, IT IS HEREBY RECOMMENDED that this action be dismissed, without 27 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 28 Civ. P. 41(b); Local Rule 110. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 3 (21) days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Local Rule 304(d). Plaintiff is advised that failure to file 6 objections within the specified time may waive the right to appeal the District Court’s order. 7 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: March 12, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?