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