Wilburn v. Commissioner of Social Security
Filing
20
FINDINGS and RECOMMENDATIONS recommending signed by Magistrate Judge Dennis M. Cota on 09/06/19 RECOMMENDING that this action be dismissed without prejudice for lack of prosecution. Referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Benson, A.)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
KIMBERLY LYNN WILBURN,
12
Plaintiff,
13
14
15
No. 2:18-CV-0994-WBS-DMC
v.
FINDINGS AND RECOMMENDATIONS
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
16
17
Plaintiff, who is proceeding pro se, brings this action for judicial review of a final
18
19
decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).
Pursuant to the court’s scheduling order, plaintiff is required to prosecute this
20
21
action by either seeking voluntary remand or filing a dispositive motion within 45 days from the
22
date of service of the administrative record by defendant. Plaintiff was warned that failure to
23
comply may result in dismissal of this action for lack of prosecution and failure to comply with
24
court rules and orders. See Local Rule 110. A review of the docket reflects that the answer and
25
certified administrative record were served on July 5, 2019. To date, plaintiff has not filed a
26
dispositive motion.
27
///
28
///
1
1
2
Based on the foregoing, the undersigned recommends that this action be dismissed
without prejudice for lack of prosecution. See Local Rule 110.
3
These findings and recommendations are submitted to the United States District
4
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
5
after being served with these findings and recommendations, any party may file written objections
6
with the court. Responses to objections shall be filed within 14 days after service of objections.
7
Failure to file objections within the specified time may waive the right to appeal. See Martinez v.
8
Ylst, 951 F.2d 1153 (9th Cir. 1991).
9
10
Dated: September 6, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?