(SS) Bone v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODRICK BONE, Case No. 2:20-cv-00615-JDP (SS) 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 Brodrick Bone appealed defendant’s decision denying his application for Social 19 Security benefits by filing a complaint before this court on March 20, 2020. ECF No. 1. Plaintiff 20 moved to proceed in forma pauperis the same day. ECF No. 2. The court granted plaintiff’s 21 motion and issued a summons. ECF Nos. 3, 4. The court also stayed the case. ECF No. 6. 22 Defendant filed the administrative record on September 1, 2020, ECF No. 11, which prompted 23 the court to enter an amended scheduling order the next day, ECF No. 12. Plaintiff was directed 24 to file a motion for summary judgment within 45 days. Id. However, plaintiff has not filed a 25 motion as required by the scheduling order, and the time to do so has now passed. 26 To manage the docket effectively, the court imposes deadlines on litigants and requires 27 litigants to meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, 28 the court may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells 1 | Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]|he consensus 2 | among our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua 3 | sponte, at least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the 4 | court has a 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 his 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 | this case for failure to prosecute. 11 IT IS SO ORDERED. 13 ( 1 ow — Dated: _ December 7, 2020 qe 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28