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