Thatcher v. Commissioner of Social Security Administration

Filing 20

Opinion and Order: This case is dismissed with prejudice. Signed on 2/8/2017 by Judge Michael J. McShane. (cp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MICHAEL EDWIN THATCHER, Plaintiff, Civ. No. 1:15-cv-01566-MC OPINION AND ORDER V. COMMISIONER, SOCIAL SECURITY ADMINISTRATION, Defendants. MCSHANE, Judge: Plaintiff Thatcher is preceding pro se on an appeal from a denial of society security and disability benefits. Since filing this action Plaintiff has requested three extensions of time to file Plaintiffs Brief (April 5, 2016 (ECF No. 12), May 27, 2016 (ECF No. 14), and July 28, 2016 (ECF No. 16). All three requests were granted by this court. On November 8, 2016, with no responsive activity from the Plaintiff as of July 28, 2016, the Court ordered plaintiff to show cause as to why this action should not be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41 and LR 41-2(a). Plaintiff was given 30 days to file a Status Report and Plaintiffs brief. On December 15, 2016 the court received a Plaintiffs Status Report. The status report expressed a feeling of deep disappointment and frustration. Plaintiff had approached several attorneys, but none would agree to work on the case. An earlier motion 1 - OPINION AND ORDER for appointment of counsel (ECF No. 3) was denied on September 14, 2015 (ECF No. 6), because there were no exceptional circumstances. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). I find that continues to be true under the Palmer analysis. The status report also asked that I take a close look at plaintiffs case. I reviewed closely the ALJ's decision along with the transcripts and accompanying record. Based on the record, I find that the case does not have a likelihood of success on the merits. Because there is not a showing as to why this action should not be dismissed for failure to prosecute, I order this case to be dismissed with prejudice. IT IS SO ORDERED. DATED this 8th day of February, 2017. L _ \____ Michael J. McShane United States District Judge 2 - OPINION AND ORDER

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