Tarleton v. Commissioner of Social Security

Filing 25

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 10/10/2017 ORDERING Plaintiff to Show Cause, in writing no later than 10/25/2017, why this action should not be dismissed for failure to prosecute. (Hunt, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONITA TARLETON, 12 Plaintiff, 13 14 15 No. 2:16-cv-02516 AC PS v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 16 17 Plaintiff, who has been granted in forma pauperis status, is proceeding in this social 18 19 security action pro se following the withdrawal of her counsel. ECF Nos. 2, 24. On July 27, 20 2017, the court gave plaintiff 60 days to file a motion for summary judgment. ECF No. 24. The 21 court warned plaintiff that failure to comply may result in sanctions, including potential dismissal 22 of this action or entry of default. ECF No. 24. Plaintiff did not file her motion. Local Rule 110 provides that failure to comply with court orders or the Local Rules “may 23 24 be grounds for imposition of any and all sanctions authorized by statute or Rule or within the 25 inherent power of the Court.” In light of plaintiff’s new pro se status, the court will grant her an 26 additional 14 days to file her motion for summary judgment. Failure to file a motion will result in 27 dismissal of this case for failure to prosecute. 28 //// 1 1 2 3 4 5 6 7 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff is Ordered to Show Cause, in writing no later than October 25, 2017, why this action should not be dismissed for failure to prosecute; 2. Plaintiff’s filing of a motion for summary judgment will result in discharge of this Order to Show Cause; and 3. If plaintiff fails to comply with this order, her case will be dismissed. DATED: October 10, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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