Bobo v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/16/18, ORDERING that Plaintiff shall SHOW CAUSE, in writing, no later than 2/2/2018, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-oppositi on to the pending motion. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than 2/2/2018. Defendant may file a reply to plaintiff's opposition, if any, on or before 2/16/2018. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES LEWIS BOBO,

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Plaintiff,

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v.

No. 2:16-cv-2337-EFB

ORDER

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

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On July 12, 2017, defendant filed a motion to dismiss plaintiff’s complaint pursuant to

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Federal Rule of Civil Procedure 12(b)(6). ECF No. 14. Thereafter, plaintiff was ordered to file

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an opposition or statement of non-opposition to defendant’s motion by August 11, 2017. ECF

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No. 16. To date, plaintiff has not complied with the court’s order.
Local Rule 110 provides that failure to comply with court orders “may be grounds for

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imposition by the Court of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.” See also Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th

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Cir. 2004) (failure to comply with court orders may be grounds for dismissal pursuant to Federal

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Rule of Civil Procedure 41(b)). Pro se litigants are bound by the rules of procedure, even though

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pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987).

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff shall show cause, in writing, no later than February 2, 2018, why sanctions

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

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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 2, 2018.

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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. See Fed. 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 16,

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2018.

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DATED: January 16, 2018.

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