Valentine v Social Security Administration

Filing 4

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 2/8/17: Plaintiff show cause in writing within fourteen days of the date of this order as to why this case should not be dismissed for lack of prosecution. Hearing as to 3 Motion to Dismiss continued to 3/17/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 3/3/17, plaintiff shall file a statement of opposition or non-opposition to motion to dismiss. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAYLA VALENTINE,

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No. 2:17-cv-0051 KJM DB PS

Plaintiff,
v.

ORDER TO SHOW CAUSE

SOCIAL SECURITY
ADMINISTRATION,
Defendant.

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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).

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On January 17, 2017, defendant filed a motion to dismiss and noticed that motion for

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hearing before the undersigned on February 17, 2017. (ECF No. 3.) Pursuant to Local Rule

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230(c) plaintiff was to file an opposition or statement of non-opposition to defendant’s motion

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“not less than fourteen (14) days preceding the noticed . . . hearing date.” Plaintiff, however, has

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failed to file a timely opposition or statement of non-opposition.

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The failure of a party to comply with the Local Rules or any order of the court “may be

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

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within the inherent power of the Court.” Local Rule 110. Any individual representing himself or

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herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and
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all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be

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grounds for dismissal or any other sanction appropriate under the Local Rules. Id.
In light of plaintiff’s pro se status, and in the interests of justice, the court will provide

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plaintiff with an opportunity to show good cause for her conduct along with a final opportunity to

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oppose defendant’s motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff show cause in writing within fourteen days of the date of this order as to why

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this case should not be dismissed for lack of prosecution1;

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2. The February 17, 2017 hearing of defendant’s motion to dismiss (ECF No. 3) is

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continued to Friday, March 17, 2017, at 10:00 a.m., at the United States District Court, 501 I

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Street, Sacramento, California, in Courtroom No. 27, before the undersigned;

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3. On or before March 3, 2017, plaintiff shall file a statement of opposition or nonopposition to defendant’s motion to dismiss; and

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4. Plaintiff is cautioned that the failure to timely comply with this order may result in a

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recommendation that this case be dismissed.

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Dated: February 8, 2017

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DLB:6
DB\orders\orders.pro se\valentine0051.osc

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Alternatively, if plaintiff no longer wishes to pursue this civil action plaintiff may comply with
this order by filing a request for voluntary dismissal pursuant to Rule 41(a) of the Federal Rules
of Civil Procedure.
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