Peden v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/15/2018 DISMISSING this action. CASE CLOSED. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WESTLEY ELVIS PEDEN,

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Plaintiff,

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No. 2:17-cv-707-EFB

v.

ORDER

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

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Defendant moved to dismiss plaintiff’s complaint pursuant to Federal Rule of Civil

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Procedure 12(b)(6). ECF No. 12. Plaintiff was directed to file an opposition or statement of non-

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opposition to defendant’s motion by September 13, 2017, but failed to do so. ECF No. 13.

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Accordingly, plaintiff was ordered, by no later than February 2, 2018, to show cause why

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sanctions should not be imposed for his failure to file an opposition or statement of non-

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opposition. ECF No. 15. He was also ordered to file an opposition or statement of non-

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opposition to the pending motion by February 2, 2018, and admonished that failure to do so could

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result in dismiss of this action for lack of prosecution and/or failure to comply with court orders.

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Id.

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The deadline has passed and plaintiff has not filed an opposition or statement of nonopposition to defendant’s motion, nor otherwise responded to the court’s order to show cause.
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Accordingly, it is hereby ORDERED that this action is dismissed for failure to prosecute

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and failure to comply with court orders. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110.

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DATED: February 15, 2018.

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