Wang v. Astrue

Filing 26

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Yvonne Gonzalez Rogers on 2/14/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/14/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JIAN WANG,

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Plaintiff,

Case No.: 12-CV-1420 YGR
ORDER DISMISSING ACTION FOR FAILURE
TO PROSECUTE

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vs.
MICHAEL J. ASTRUE, COMMISSIONER OF
SOCIAL SECURITY,

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Northern District of California

United States District Court

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Defendant.

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Under the Procedural Order for Social Security Review Actions, Docket No. 2, Plaintiff’s

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motion for summary judgment or for remand was required to be filed within 30 days of service of

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Defendant’s answer. Defendant filed and served his answer, and lodged the administrative record,

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on August 7, 2012. The parties thereafter filed a stipulation to extend Plaintiff’s time to file her

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motion until December 2, 2012, which the Court granted by its Order issued September 11, 2012.

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(Dkt. No. 21.) However, Plaintiff did not file her motion by the time.

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By Order issued January 9, 2013, Plaintiff was directed to file, no later than February 6, 2013

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her motion for summary judgment or for remand, or else the Court would dismiss the case for failure

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to prosecute. As of February 13, 2013, Plaintiff has not filed either, nor has she filed any other

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documents.

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Therefore, and pursuant to Federal Rule of Civil Procedure 41(b), this action is DISMISSED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
Date: February 14, 2013
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE