Karas v. Commissioner of Social Security
Filing
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REPORT AND RECOMMENDATION that this case be Dismissed. Objections to R&R due by 11/7/2017. Signed by Magistrate Judge Nancy J. Koppe on 10/24/2017. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMES G. KARAS,
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Plaintiff(s),
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v.
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COMMISSIONER OF SOCIAL SECURITY,
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Defendant(s).
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Case No. 2:16-cv-02479-GMN-NJK
REPORT AND RECOMMENDATION
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On September 12, 2017, the Court denied without prejudice the pending motions in this case
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because (1) Plaintiff provided insufficiently developed argument, and (2) Plaintiff failed to acknowledge
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that significant evidence relied upon was not submitted to the ALJ and did not explain whether or how
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this Court should review such evidence. Docket No. 18. The Court ordered Plaintiff to file an amended
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motion for remand within 30 days (October 12, 2017). Id. Plaintiff failed to do so. On October 16,
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2017, the Court ordered Plaintiff to either file the amended motion as previously ordered or show cause
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why the case should not be dismissed for failure to comply with the Court’s order and/or for failure to
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prosecute. Docket No. 19 (citing Fed. R. Civ. P. 16(f)(1)(C), 41(b)). The deadline to comply was set
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for October 23, 2017. Id. To date, Plaintiff has failed to file an amended motion or respond to the order
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to show cause. Plaintiff has also not filed a request to extend the deadline to do so.
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In short, Plaintiff has now defied two orders and has failed to prosecute his case by filing a
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motion as ordered. The willful failure of Plaintiff to comply with the Court’s orders is an abusive
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litigation practice that has interfered with the Court’s ability to hear this case, delayed litigation,
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disrupted the Court’s timely management of its docket, wasted judicial resources, and threatened the
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integrity of the Court’s orders and the orderly administration of justice. Sanctions less drastic than
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dismissal are unavailable because Plaintiff has wilfully refused to comply with the Court’s orders, even
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after it was clear that dismissal sanctions could result therefrom. See Docket No. 19.
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Accordingly, the undersigned RECOMMENDS that this case be DISMISSED.
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DATED:
October 24, 2017
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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NOTICE
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Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in
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writing and filed with the Clerk of the Court within (14) days after service of this Notice. The Supreme
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Court has held that the courts of appeal may determine that an appeal has been waived due to the failure
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to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985), reh’g denied, 474
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U.S. 1111 (1986). This Circuit has also held that (1) failure to file objections within the specified time
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and (2) failure to properly address and brief the objectionable issues waives the right to appeal the
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District Court’s order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst,
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951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir.
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1983).
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