(SS) Grace Garcia v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GRACE GARCIA, Case No. 1:20-cv-00373-SAB 10 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION 11 v. SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY AND FAILURE TO 12 COMMISSIONER OF SOCIAL SECURITY, PROSECUTE 13 Defendant. FIVE DAY DEADLIN 14 15 Plaintiff Grace Garcia (“Plaintiff”) filed this action seeking judicial review of a final 16 decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying an 17 application for disability benefits pursuant to the Social Security Act. On December 30, 2020, a 18 stipulation was filed to extend time for Plaintiff to file her opening brief. An order was filed on 19 January 4, 2021, granting the request for an extension of time and Plaintiff was ordered to file 20 her opening brief on or before February 3, 2021. Plaintiff did not file an opening brief on the 21 deadline or otherwise respond to the January 4, 2021 order. 22 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 23 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 24 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 25 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 26 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 27 2000). / / / 1 Accordingly, IT IS HEREBY ORDERED that Plaintiff SHALL SHOW CAUSE IN 2 | WRITING why this action should not be dismissed for failure to prosecute within five (5) days 3 | of the date of service of this order. Failure to comply with this order to show cause shall result in 4 | this action being dismissed for failure to prosecute. 5 6 IT IS SO ORDERED. OF. nf ee 7 | Dated: _February 4, 2021 _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28