Li v. Astrue

Filing 16

DISMISSAL ORDER. Signed by Judge Hamilton on 9/29/11. (pjhlc3, COURT STAFF) (Filed on 9/29/2011)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 HAI PING LI 7 Plaintiff, 8 9 No. C 11-1224 PJH DISMISSAL ORDER v. MICHAEL J. ASTRUE, 11 For the Northern District of California United States District Court 10 12 13 Defendant. _______________________________/ Plaintiff filed this social security appeal on March 11, 2011. Defendant answered on 14 July 7, 2011. According to Civil Local Rule 16-5, plaintiff was required to file a motion for 15 summary judgment within 28 days of receipt of defendant’s answer, no later than August 4, 16 2011. Plaintiff did not do so. Because plaintiff is proceeding pro se, on August 19, 2011, 17 this court issued a comprehensive order explaining the nature of the summary judgment 18 motion required and extending plaintiff’s deadline to file the summary judgment motion to 19 September 16, 2011. The court advised plaintiff that if he failed to respond to that order 20 and file his motion, the case would be dismissed for failure to prosecute. Plaintiff failed to 21 respond to that order. 22 23 GOOD CAUSE APPEARING, this case is hereby dismissed with prejudice for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. 24 The clerk shall close the file. 25 IT IS SO ORDERED. 26 Dated: September 29, 2011 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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