Wichelman v. Social Security Administration

Filing 30

ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 1/23/2017 ORDERING the plaintiff to show cause in writing, by 2/8/2017, why sanctions should not be imposed for failure to timely file an opposition or statement of non-oppositon to the pending 21 Motion to Dismiss; ORDERING the plaintiff to file an opposition, or statement of non-opposition to said motion by 2/8/2017; CAUTIONING the plaintiff that a failure to file an opposition to the motion will be deemed a statement of non -opposition thereto, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules; ORDERING the Commissioner of Social Security to file a reply, if any, by 2/15/2017. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARL F. WICHELMAN,

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No. 2:16-cv-1123-KJM-EFB PS

Plaintiff,
v.

ORDER TO SHOW CAUSE

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

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On December 8, 2016, defendant filed a motion to dismiss this action pursuant to Federal

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Rule of Civil Procedure 12(b)(1). ECF No. 21. Thereafter, the court issued a minute order

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directing plaintiff to file an opposition to the motion on or before January 4, 2017.1 ECF No. 22.

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The deadline has passed and plaintiff has not filed an opposition or statement of non-opposition to

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the pending motion.

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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal,

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judgment by default, or other appropriate sanctions. Local Rule 110 provides that failure to

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Pursuant to the scheduling order issued in this case, motions are to be submitted on the
papers without oral argument. ECF No. 5 at 2. Accordingly, the motion was not noticed for
hearing in accordance with Local Rule 230, and therefore the court issued a minute order
establishing a briefing schedule for the motion.
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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, good cause appearing, it is hereby ORDERED that:

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1. Plaintiff shall show cause, in writing, no later than February 8, 2017, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to
the pending motion.

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2. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than February 8, 2017.

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3. Failure to file an opposition to the motion will be deemed a statement of non-

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opposition thereto, and may result in a recommendation that this action be dismissed for lack of

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prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.

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R. Civ. P. 41(b).

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4. Defendant may file a reply to plaintiff’s opposition, if any, on or before February 15,

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2017.

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DATED: January 23, 2017.

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