Schenck v. Commissioner of Social Security

Filing 13

Order of Dismissal for Failure to Prosecute. Signed by Judge James Donato on 5/5/17. (Attachments: # 1 Certificate/Proof of Service)(hdjS, COURT STAFF) (Filed on 5/5/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RYKER WILLIAM SCHENCK, Plaintiff, 8 9 10 11 Case No. 3:16-cv-02348-JD ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE v. COMMISSIONER OF SOCIAL SECURITY, Re: Dkt. No. 12 United States District Court Northern District of California Defendant. 12 13 On April 6, 2017, the Court ordered plaintiff Ryker William Schenck to show cause why 14 this case should not be dismissed for failure to prosecute. Dkt. No. 12. Schenck did not respond 15 to the order. He has not paid the filing fee for his case. The Court has not heard from Schenck or 16 the counsel who appeared on his behalf for over one year. 17 Consequently, the case is dismissed with prejudice for failure to prosecute. The Court has 18 considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128, 130 19 (9th Cir. 1987). While our policy favors the disposition of cases on their merits, Schenck has 20 shown no interest in pursing his claims, and disregarded the Court’s order to show cause warning 21 that the action would be dismissed if he failed to respond. The Clerk is directed to close the file. 22 23 IT IS SO ORDERED. Dated: May 5, 2017 24 25 26 27 28 JAMES DONATO United States District Judge

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