Burton v. Colvin

Filing 18

ORDER DISMISSING CASE. Signed by Judge Vince Chhabria on 2/11/2016. (knm, COURT STAFF) (Filed on 2/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VELEDA G. BURTON,
Plaintiff,

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Re: Dkt. Nos. 16, 17
CAROLYN W. COLVIN,
Defendant.

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United States District Court
Northern District of California

ORDER DISMISSING CASE

v.

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Case No. 15-cv-03574-VC

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On January 13, the Court issued an order instructing the plaintiff to show cause why this

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case should not be dismissed for failure to prosecute. A response to the order to show cause was

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filed on January 22, but that response only raised further questions about the plaintiff's plans to

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prosecute this case, and her capacity to do so. For example, in her response, the plaintiff asserted,

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"[t]his is not my case"; acknowledged, "I have not filed anything since August 4, 2015 in this

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case"; and seems to have alleged widespread "falsification" by government attorneys and the

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Court.

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The Court has weighed the factors to consider in deciding whether to dismiss a case for

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failure to prosecute. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). The Court

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finds that the first three factors weigh in favor of dismissal. The fourth factor does not weigh

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strongly in either direction. In an abundance of caution, and in light of the fifth factor – "the

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public policy favoring disposition of cases on their merits," id. at 642 – the Court has also

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independently reviewed the administrative record in an effort to determine whether the plaintiff

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might have a meritorious claim. After undertaking this review, the Court sees no reason to think

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that the Commissioner's decision was contrary to law or unsupported by substantial evidence. The

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fifth factor therefore does not weigh significantly against dismissal.

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For these reasons, this case is dismissed with prejudice.

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IT IS SO ORDERED.

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Dated: February 11, 2016
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VELEDA G. BURTON,

Case No. 15-cv-03574-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CAROLYN W. COLVIN,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on February 11, 2016, 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 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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Veleda G. Burton
P. O. Box 3846
Oakland, CA 94609
Dated: February 11, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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