Lewis v. Commissioner of Social Security

Filing 32

ORDER DISMISSING CASE. Signed by Judge Kandis A. Westmore on March 18, 2013. (kawlc2, COURT STAFF) (Filed on 3/18/2013)

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1 2 United States District Court 3 Northern District of California 4 5 6 GARY L. LEWIS, Plaintiff, 7 8 9 10 Case No.: C 4:12-4258 KAW ORDER OF DISMISSAL v. COMMISSIONER OF SOCIAL SECURITY, Defendant. Northern District of California United States District Court 11 12 13 14 Plaintiff is pro se and proceeds in forma pauperis in this social security case. The parties have consented to the jurisdiction of a magistrate judge. See 28 U.S.C. ยง 636(c). On February 27, 2013, the Court ordered Plaintiff to show cause why his case should not 15 be dismissed for failure to prosecute, and ordered Plaintiff to file his motion for summary 16 judgment no later than March 13, 2013. The Court warned Plaintiff that failing to comply with 17 the order would result in the dismissal of the case. 18 Plaintiff has filed what appears to be a response to the order to show cause, but has not 19 filed a motion for summary judgment. In his response to the order to show cause, he states that he 20 is pro hac vice, which he is not, and mentions motions for reconsideration and for administrative 21 relief, without explanation. The reponse contains no facts and no intelligible arguments. 22 Because Plaintiff has not filed his motion for summary judgment, and has not 23 satisfactorily responsed to the Court's order to show cause, the case is dismissed for failure to 24 prosecute. See Fed. R. Civ. P. 41(b). 25 26 27 28 It is so ORDERED. Dated: March 18, 2013 ________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE

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