Parker v. Astrue

Filing 12

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Magistrate Judge Jacqueline Scott Corley on 1/17/2012. (ahm, COURT STAFF) (Filed on 1/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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TINA MARIE PARKER,

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Plaintiff,

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Case No.: 11-2891 JSC
ORDER DISMISSING ACTION FOR
FAILURE TO PROSECUTE

v.

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MICHAEL ASTRUE, Commissioner of
Social Security,
Defendant.

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Plaintiff Tina Marie Parker, through counsel, filed this action pursuant to 42 U.S.C. §

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405(g) seeking judicial review of a final decision by Defendant Michael J. Astrue, the

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Commissioner of the Social Security Administration, denying her disability benefits.

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Defendant filed an answer to the Complaint on October 19, 2011. (Dkt. No. 8). Plaintiff

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failed to file her motion for summary judgment within 28 days as required by Local Rule 16-

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5.

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On December 9, 2011, the Court ordered Plaintiff to show cause why this action

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should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure

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41(b). (Dkt. No. 11). The Court also granted Plaintiff an extension of time, up through

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December 23, 2011, to file her motion for summary judgment. Plaintiff was warned that

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failure to comply with the Court’s order might result in the dismissal of this action.

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To date, Plaintiff has not responded to the Court’s December 9, 2011 order nor has

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Plaintiff filed her motion for summary judgment. Accordingly, this action is dismissed for

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failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

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The Clerk shall close this file.

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IT IS SO ORDERED.

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Dated: January 17, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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