Woods v. Astrue

Filing 19

ORDER OF DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. Signed by Judge JEFFREY S. WHITE on 11/28/11. (jjoS, COURT STAFF) (Filed on 11/28/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HELEN MARIE WOODS,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-00351 JSW

v.

ORDER OF DISMISSAL
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE

MICHAEL J. ASTRUE,

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Defendant.
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On January 24, 2011, Plaintiff filed a complaint appealing the denial of social security

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benefits. The Court granted Plaintiff’s application to proceed in forma pauperis, and the

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defendant was served. On June 23, 2011, the Defendant filed an answer. Under the Social

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Security Procedural Order issued on January 24, 2011, Plaintiff’s motion for summary judgment

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was due thirty days after service of Defendant’s answer. (See Docket No. 2.) Plaintiff has not

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filed a motion for summary judgment.

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Accordingly, on November 3, 2011, the Court issued an Order to Plaintiff directing her

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to show cause why this case should not be dismissed for failure to prosecute. The Court further

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ordered that Plaintiff’s response to the Order to Show Cause would be due by November 18,

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2011, that if she intended to file a motion for summary judgment, Plaintiff must show good

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cause for her failure to comply with the scheduling order in this case, and that if she failed to

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file a response to the Order to Show Cause by November 18, 2011, the Court would dismiss this

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case without prejudice without further notice to Plaintiff.

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//

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Plaintiff has not filed a timely response to the Order to Show Cause as of the date of this

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Order. Accordingly, this matter is HEREBY DISMISSED WITHOUT PREJUDICE for failure

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to prosecute.

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IT IS SO ORDERED.
Dated: November 28, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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HELEN MARIE WOODS,

Case Number: CV11-00351 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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MICHAEL J. ASTRUE et al,
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For the Northern District of California

United States District Court

Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
13 District Court, Northern District of California.
14 That on November 28, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
15 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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18 Helen Marie Woods
1179 8th Street
19 Oakland, CA 94607
20 Dated: November 28, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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