Flowers v. Astrue

Filing 27

ORDER OF DISMISSAL. Signed by Judge Saundra Brown Armstrong on 2/12/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/14/2014)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 MATTIE J. FLOWERS, Plaintiff, 7 8 Case No: C 12-5686 SBA ORDER OF DISMISSAL vs. 9 CARULYN W. COLVIN, Acting Commissioner, Social Security 10 Administration, 11 Defendant. 12 13 On January 27, 2014, the Court issued an order directing Plaintiff to show cause why 14 the action should not be dismissed, pursuant to Federal Rule of Civil Procedure 41(b), for 15 failure to prosecute. Dkt. 26. Although Plaintiff’s response was due by February 10, 2014, 16 to date, no response by Plaintiff has been filed. The Court’s Order warned Plaintiff that the 17 failure to file a response would result in the dismissal of the action. See Ferdik v. Bonzelet, 18 963 F.2d 1258, 1262 (9th Cir. 1992) (holding that a warning that the failure to comply with 19 the court’s instructions would result in dismissal was sufficient to satisfy its obligation to 20 consider “less drastic alternatives” before dismissing the action). Accordingly, 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED THAT the instant action is DISMISSED with prejudice. The Clerk shall close the file and terminate any pending matters. IT IS SO ORDERED. 2/12/2014 Dated: February 10, 2014 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?