Pratt v. Commissioner of Social Security

Filing 8

ORDER TO SHOW CAUSE. Show Cause Response due by 5/27/2019.Signed by Judge Haywood S. Gilliam, Jr. on 5/10/2019. (ndrS, COURT STAFF) (Filed on 5/10/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LESTER B. PRATT,
Plaintiff,

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Case No. 18-cv-01192-HSG
ORDER TO SHOW CAUSE

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

United States District Court
Northern District of California

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Plaintiff filed this Social Security review action on February 23, 2018. Dkt. No. 1.

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Defendant filed the answer on May 24, 2018 and lodged the administrative record on June 1,

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2018. Dkt. Nos. 5, 6. Plaintiff’s deadline for filing a motion for summary judgment or for remand

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was June 21, 2018. See Dkt. No. 3 (deadline to file is within 28 days of service of defendant’s

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answer). To date, Plaintiff has not filed a motion for summary judgment or for remand, or filed

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any other pleadings indicating that he intends to continue prosecuting this action.

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Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or

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to comply with these rules or a court order, a defendant may move to dismiss the action or any

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claim against it.” Fed. R. Civ. P. 41(b). The Court may also sua sponte dismiss a case for lack of

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prosecution. Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962). Accordingly, Plaintiff is

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ordered TO SHOW CAUSE why this case should not be dismissed for failure to prosecute.

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Plaintiff must file a statement of no more than two pages by May 27, 2019 explaining why the

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case should not be dismissed in light of the facts described above.

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IT IS SO ORDERED.
Dated: 5/10/2019
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge