Khuc v. Commissioner of Social Security

Filing 18

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Lucy Koh on 4/17/2014. (lhklc2S, COURT STAFF) (Filed on 4/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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LUAN PHAM AHN KHUC,
Plaintiff,
v.
COMMISSION OF SOCIAL SECURITY,
Defendant.

Case No.: 13-CV-04238-LHK
ORDER DISMISSING CASE WITH
PREJUDICE FOR FAILURE TO
PROSECUTE

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On September 12, 2013, Plaintiff filed a complaint. ECF No. Defendant filed an answer on
February 24, 2014. ECF No. 14. Pursuant to this Court’s social security procedural order, ECF No.
2, Plaintiff was required to file a motion for summary judgment or a motion for remand within
twenty eight days after the answer was served. The answer was served on February 24, 2014. ECF
No. 16. Plaintiff failed to file his motion within the time frame required.
On April 9, 2014, Plaintiff was thus ordered to show cause by April 16, 2014 why this case
should not be dismissed with prejudice for failure to prosecute. ECF No. 17. The Plaintiff was
informed that if no response was filed by April 16, 2014, this case would be dismissed with
prejudice for failure to prosecute. No response has been filed as of April 17, 2014. Accordingly,
this case is dismissed with prejudice for failure to prosecute. The clerk shall close the case file.
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Case No.: 13-CV-04238
ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE

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IT IS SO ORDERED.

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Dated: April 17, 2014

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 13-CV-04238
ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE