Wells v. Astrue

Filing 16

ORDER DISMISSING CASE. This case is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall close this file. Signed by Judge Edward J. Davila on 2/5/2013. (ejdlc1, COURT STAFF) (Filed on 2/5/2013) (Additional attachment(s) added on 2/5/2013: # 1 Certificate of Service) (ecg, COURT STAFF).

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION CASE NO. 5:11-cv-05762 EJD JAMES LOUIS WELLS, 11 ORDER DISMISSING CASE Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. MICHAEL J. ASTRUE, Commissioner of Social Security, 14 15 Defendant(s). / 16 17 On January 10, 2013, the court ordered Plaintiff to show cause in writing by January 31, 18 2013, why this action should not be dismissed for failure to prosecute after Plaintiff failed to file and 19 serve a Motion for Summary Judgment within pursuant to Civil Local Rule 16-5. See Docket Item 20 No. 15. The court advised Plaintiff that this case would be dismissed if he did not respond or 21 otherwise demonstrate good cause why this case should not be dismissed. Id. 22 Plaintiff has not complied with the show cause order as directed. Accordingly, this case is 23 DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). The Clerk 24 shall close this file. 25 IT IS SO ORDERED. 26 Dated: February 5, 2013 EDWARD J. DAVILA United States District Judge 27 28 1 CASE NO. 5:11-cv-05762 EJD ORDER DISMISSING CASE

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