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)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 MATTIE J. FLOWERS,

Plaintiff,

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Case No: C 12-5686 SBA
ORDER OF DISMISSAL

vs.

9 CARULYN W. COLVIN, Acting

Commissioner, Social Security
10 Administration,
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Defendant.

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On January 27, 2014, the Court issued an order directing Plaintiff to show cause why

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the action should not be dismissed, pursuant to Federal Rule of Civil Procedure 41(b), for

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failure to prosecute. Dkt. 26. Although Plaintiff’s response was due by February 10, 2014,

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to date, no response by Plaintiff has been filed. The Court’s Order warned Plaintiff that the

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failure to file a response would result in the dismissal of the action. See Ferdik v. Bonzelet,

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963 F.2d 1258, 1262 (9th Cir. 1992) (holding that a warning that the failure to comply with

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the court’s instructions would result in dismissal was sufficient to satisfy its obligation to

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consider “less drastic alternatives” before dismissing the action). Accordingly,

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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