Blueford v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 8/28/19 DISMISSING Plaintiff's social security complaint 1 without prejudice for failure to prosecute and failure to comply with the court's order. See FRCP 41(b); Local Rule 110. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES BLUEFORD,

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No. 2:18-cv-00342 AC

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff is proceeding in this social security action pro se. The parties have consented to

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the jurisdiction of the Magistrate Judge in this case. ECF Nos. 9, 14. Plaintiff filed his social

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security complaint on February 13, 2018. ECF No. 1. On February 14, 2018, a scheduling order

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was issued directing plaintiff to file a motion for summary judgment and/or remand within 45

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days of being served with a copy of the administrative record. ECF No. 5 at 2. The

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administrative record was lodged and served on plaintiff on October 16, 2018. ECF Nos. 17, 18.

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For seven months thereafter, plaintiff took no action in this case.

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On June 4, 2019, the court issued an order to show cause why the action should not be

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dismissed for failure to prosecute, stating that plaintiff’s filing of a motion for summary judgment

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by July 3, 2019 would discharge the order. ECF No. 20. On June 21, 2019, plaintiff responded

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to the order to show cause, requesting a 60-day extension to find an attorney to represent him.
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ECF No. 21. Despite the already substantial delay in prosecuting this case, the court granted

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plaintiff an unusually generous extension of 60 days to file a motion for summary judgment or

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notice of voluntary remand. ECF No. 22. The court specifically cautioned plaintiff that failure to

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file within this timeframe, with or without the assistance of counsel, would cause this case to be

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dismissed for failure to prosecute. Id. The 60-day extension has expired with no action taken by

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plaintiff.

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Due to plaintiff’s failure to prosecute this case, it is hereby ORDERED that plaintiff’s

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social security complaint (ECF No. 1) is DISMISSED without prejudice for failure to prosecute

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and failure to comply with the court’s order. See Fed. R. Civ. P. 41(b); Local Rule 110. The

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clerk of court is directed to CLOSE this case.

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DATED: August 28, 2019

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