Boakye-Yiadom v. Commissioner of Social Security

Filing 32

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Show Cause Response due by 3/17/2014.. Signed by Judge Kandis A. Westmore on March 3, 2014. (kawlc2S, COURT STAFF) (Filed on 3/3/2014)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

OHENE BOAYKE-YIADOM,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

Case No.: 4:13-cv-3076 KAW
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

12
13

Plaintiff Ohene Boakye-Yaidom commenced this Social Security case on July 2, 2013.

14

(Compl., Dkt. No. 1.) The Commissioner filed an answer, and an accompanying certificate of

15

service, on October 15, 2013. (Answer, Dkt. No. 17.) Pursuant to the Social Security Procedural

16

Order entered in this case, Plaintiff was to "serve and file a motion for summary judgment or for

17

remand within 28 days of serve of defendant's answer." (Procedural Order, Dkt. No. 3.) Plaintiff

18

did not file his motion for summary judgment by that deadline.

19

In an order issued on December 18, 2013, the court noted that this deadline had passed

20

and instructed Plaintiff to file his motion for summary judgment within 28 days. (Dec. 18, 2013

21

Order at 6-7, Dkt. No. 31.) The court also put Plaintiff "on notice that failure to comply with this

22

deadline may result in dismissal of this case for failure to prosecute." (Id. at 7.)

23

As of the date of this order, Plaintiff has not yet filed his motion for summary judgment.

24

Accordingly, Plaintiff shall show cause why this case should not be dismissed for failure to

25

prosecute. Plaintiff shall file a written response to this order to show cause by no later than

26

March 17, 2014. If Plaintiff wishes to proceed in this action, Plaintiff shall also file his motion

27

for summary judgment by no later than March 17, 2014. The response to this order to show cause

28

1

1

and the motion for summary judgment should be filed as separate documents. Failure to timely

2

file both documents may result in dismissal of this action.

3
4
5

IT IS SO ORDERED.
Dated: March 3, 2014

__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2