(SS) Menchaca 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 PEGGY ANN MENCHACA, Case No. 2:19-cv-01353-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 appealed defendant’s decision denying her application for Social Security 19 benefits by filing a complaint before this court on July 18, 2019. ECF No. 1. Plaintiff moved to 20 proceed in forma pauperis the same day. ECF No. 2. The court granted plaintiff’s motion and 21 issued a summons. ECF Nos. 3, 5. The court also entered a scheduling order. ECF No. 4. 22 Defendant filed the administrative record on April 30, 2020, ECF No. 12. Under the scheduling 23 order, plaintiff’s motion for summary judgment was due within 45 days. ECF No. 4. However, 24 plaintiff has not filed a motion as required by the scheduling order, and the time to do so has now 25 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 her failure to prosecute and failure to comply with a court order. Plaintiff’s failure to respond 8 | to this order will constitute another failure to comply with a court order and will result in 9 | dismissal of this case. Accordingly, plaintiff must show cause within thirty days of the date of 10 | entry of this order why the court should not dismiss this case for failure to prosecute. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ December 18, 2020 Q_—_—. 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28