(SS) Ewen v. Commissioner of Social Security ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LISA MARIE EWEN, Case No. 1:18-cv-01275-LJO-JDP 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR 14 COMMISSIONER OF SOCIAL SECURITY, FAILURE TO PROSECUTE 15 Defendant. 16 THIRTY-DAY DEADLINE 17 18 Plaintiff Lisa Marie Ewen appealed defendant’s decision denying her application for 19 Social Security benefits by filing a complaint before this court on September 18, 2018. ECF No. 20 1. Plaintiff moved to proceed in forma pauperis the same day. ECF No. 2. I granted plaintiff’s 21 motion and issued a summons. ECF Nos. 3, 4. I also issued a scheduling order, setting a 22 deadline thirty days after service of the administrative record for plaintiff (1) to serve defendant 23 with her letter brief and (2) to file proof of service. ECF No. 5, ¶ 3. Defendant filed the 24 administrative record on April 5, 2019. ECF No. 12. Plaintiff has not filed a proof of service of 25 her letter brief. 26 To manage the docket effectively, I impose deadlines on litigants and requires litigants to 27 meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, I may 28 dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres. 1 | Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our 2 | sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at 3 | least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a 4 | duty to administer justice expeditiously and avoid needless burden for the parties. See 5 | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 6 I will give plaintiff the opportunity to explain why the court should not dismiss the case 7 | for her failure to prosecute. Plaintiffs failure to respond to this order will constitute a failure to 8 | comply with a court order and will result in dismissal of this case. Accordingly, plaintiff must 9 | show cause within thirty days of the date of entry of this order why the court should not dismiss 10 | her case for failure to prosecute. 11 IT IS SO ORDERED. 13 ( Waban Dated: _ August 29, 2019 14 UNIT#D STATES MAGISTRATE JUDGE 15 16 17 | No. 204 18 19 20 21 22 23 24 25 26 27 28