Tarleton v. Commissioner of Social Security

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 10/26/2017 ORDERING that this case is DISMISSED without prejudice for failure to prosecute. CASE CLOSED (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONITA TARLETON,

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No. 2:16-cv-02516 AC PS

Plaintiff,
v.

ORDER

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

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Plaintiff, who has been granted in forma pauperis status, is proceeding pro se in this social

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security action following the withdrawal of her counsel. ECF Nos. 2, 24. Plaintiff and defendant

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have each consented to the jurisdiction of the undersigned. ECF Nos. 7 and 8.

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On July 27, 2017, the court granted plaintiff 60 days to file a motion for summary

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judgment. ECF No. 24. The court warned plaintiff that failure to comply may result in sanctions,

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including potential dismissal of this action or entry of default. ECF No. 24. Plaintiff did not file

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her motion. On October 11, 2017, the court gave plaintiff an additional 14 days to file her motion

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for summary judgment, and cautioned plaintiff that failure to file a motion would result in the

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dismissal of her case. ECF No. 25.

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Local Rule 110 provides that failure to comply with court orders or the Local Rules “may
be grounds for imposition of any and all sanctions authorized by statute or Rule or within the
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inherent power of the Court.” In light of plaintiff’s failure to prosecute this action and to comply

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with the court’s orders, the sanction of dismissal is appropriate.

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Accordingly, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice

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for failure to prosecute.

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DATED: October 26, 2017

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