Cheatham v. Colvin

Filing 19

ORDER - This action is DISMISSED without prejudice for Plaintiff's failure to comply with the Court Orders (## 17 & 18 ). Clerk shall enter judgment accordingly and close the case. Signed by Judge Robert C. Jones on 6/1/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WENDY CHEATHAM,

Case No.: 3:14-CV-00135-RCJ-VPC

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Plaintiff,
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vs.
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ORDER
CAROLYN COLVIN, Acting
Commissioner, Social Security
Administration,

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Defendant.
___________________________________

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On November 17, 2014, United States Magistrate Judge Cooke entered the Order Concerning

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Review of Social Security Cases (ECF #17). The Order provided notice that “Failure of a party to file

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a motion for points and authorities required by the order may result in dismissal of the action or reversal

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of the decision of the Secretary of Health and Human Services, as may be appropriate.”

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failed to comply with the Order within the allotted time.

Plaintiff has

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On April 28, 2015, the Court entered Order (ECF #18), Plaintiff shall have thirty (30) days, or

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until FRIDAY, May 29, 2015, to comply with the Court’s Order (ECF #17). Plaintiff has failed to

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comply with the Order within the allotted time.

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“Before dismissing the action, the district court is required to weigh several factors: (1) the

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public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3)

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the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits;

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and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995)

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(internal citations and quotations omitted). All five factors point in favor of dismissal.

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///

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Plaintiff has failed to show good cause why this action should not be dismissed without
prejudice for failure to comply with Court Orders (ECF ##17 & 18). Accordingly,

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IT IS HEREBY ORDERED that this action is DISMISSED without prejudice for Plaintiff’s

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failure to comply with the Court Orders (ECF ##17 & 18). The Clerk of the Court shall enter judgment

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accordingly and close the case.

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DATED this 1st day of June, 2015.

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ROBERT C. JONES
District Judge

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