McConville v. Berryhill

Filing 16

ORDER OF DISMISSAL. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 10/3/2019. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 10/3/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CLARA MCCONVILLE, Plaintiff, 8 9 ANDREW SAUL, 11 United States District Court Northern District of California ORDER OF DISMISSAL v. 10 Case No. 17-cv-06303-HSG 12 Defendant. Plaintiff filed this Social Security review action on October 31, 2017. Dkt. No. 1. To date, 13 the Court has not received any further communications from Plaintiff. Plaintiff did not file her 14 motion for summary judgment by the deadline and did not respond to the Court’s multiple orders 15 directing her to file a consent or declination to proceed before a magistrate judge. See Dkt. Nos. 16 10, 13. On September 11, 2019, the Court issued an order to show cause why the Court should not 17 dismiss this action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Dkt. No. 18 15. In the order, the Court informed Plaintiff that failure to respond by September 24, 2019 would 19 result in dismissal of this action without prejudice. Id. Plaintiff again did not respond. 20 Plaintiff has failed to file her motion for summary judgment, respond to the Court’s order 21 to show cause, or otherwise participate in this litigation. The Court finds that Plaintiff has 22 demonstrated that she is unable or unwilling to adequately prosecute this case. Accordingly, the 23 Court DISMISSES this action WITHOUT PREJUDICE under Rule 41(b) for failure to 24 prosecute. The Clerk shall close the file. 25 26 27 28 IT IS SO ORDERED. Dated: 10/3/2019 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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