Schmitz v. Social Security Administration

Filing 7

ORDER DISMISSING CASE with prejudice for Plaintiff's failure to comply with 3 Minute Order, 5 Minute Order, and LSR 2-2; directing Clerk to 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 - KR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DAWN K. SCHMITZ,
Plaintiff,

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vs.

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Case No.: 3:14-CV-00420-RCJ-VPC
ORDER

SOCIAL SECURITY ADMINISTRATION,
Defendant.

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On September 16, 2014, United States Magistrate Judge Cooke entered Minutes of

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the Court granting Plaintiff’s Application to Proceed In Forma Pauperis (ECF #3). Magistrate

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Judge Cooke noted that Plaintiff had failed to file a complaint and granted thirty (30) days in

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which to file a complaint to initiate a legal action. Failure to timely do so, would result in

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dismissal of this action. In addition, Plaintiff was given a list of agencies to contact for legal

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assistance.
On September 29, 2014, a copy of the Minutes of the Court was returned as

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undeliverable (ECF #4).

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On January 20, 2015, Plaintiff telephoned the United States District Court District of

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Nevada Clerk’s Office, and informed clerk staff that her address had changed. Clerk staff

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instructed Plaintiff to file a Notice of Change of Address in accordance with LSR 2-2.

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Local Rules of Special Proceedings and Appeals 2-2 Change of Address provides as

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follows:

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“The plaintiff shall immediately file with the Court written notification of any change of

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address. The notification must include proof of service upon each opposing party or the

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party’s attorney. Failure to comply with this Rule may result in dismissal of the action with

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prejudice.”

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On April 29, 2015 the Court entered Minute Order (ECF #5), if no action is taken in this

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case on or before Friday, May 29, 2015, the Court will dismiss this action with prejudice for

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failure to comply with Minutes of the court (ECF #3) and LSR 2-2.

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

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

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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of

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cases on their merits; and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46

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F.3d 52, 53 (9th Cir. 1995) (internal citations and quotations omitted). All five factors point in

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favor of dismissal.

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Plaintiff has failed to show good cause why this action should not be dismissed with
prejudice for failure to comply with Minutes of the Court (ECF #3) and LSR 2-2.

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IT THEREFORE ORDERED that this action is DISMISSED with prejudice for Plaintiff’s

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failure to comply with Minutes of the Court (ECF #3); Minute Order (ECF #5) and LSR 2-2.

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The Clerk of the Court shall enter judgment accordingly and close the case.

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IT IS SO ORDERED.

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DATED this 1st day of June, 2015.

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ROBERT C. JONES
United States District Judge

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