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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLARA MCCONVILLE,
Plaintiff,

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ANDREW SAUL,

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United States District Court
Northern District of California

ORDER OF DISMISSAL

v.

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Case No. 17-cv-06303-HSG

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Defendant.
Plaintiff filed this Social Security review action on October 31, 2017. Dkt. No. 1. To date,

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the Court has not received any further communications from Plaintiff. Plaintiff did not file her

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motion for summary judgment by the deadline and did not respond to the Court’s multiple orders

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directing her to file a consent or declination to proceed before a magistrate judge. See Dkt. Nos.

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10, 13. On September 11, 2019, the Court issued an order to show cause why the Court should not

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dismiss this action under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Dkt. No.

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15. In the order, the Court informed Plaintiff that failure to respond by September 24, 2019 would

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result in dismissal of this action without prejudice. Id. Plaintiff again did not respond.

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Plaintiff has failed to file her motion for summary judgment, respond to the Court’s order

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to show cause, or otherwise participate in this litigation. The Court finds that Plaintiff has

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demonstrated that she is unable or unwilling to adequately prosecute this case. Accordingly, the

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Court DISMISSES this action WITHOUT PREJUDICE under Rule 41(b) for failure to

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prosecute. The Clerk shall close the file.

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IT IS SO ORDERED.
Dated: 10/3/2019
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HAYWOOD S. GILLIAM, JR.
United States District Judge