(SS) Razaqi v. Commissioner of Social Security ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 ALI RAZAQI, CASE NUMBER: 1:20-cv-1705-GSA 7 Plaintiff, 8 ORDER TO SHOW CAUSE WHY v. THIS CASE SHOULD NOT BE 9 DISMISSED FOR FAILURE TO ANDREW SAUL, Commissioner of Social PROSECUTE 10 Security, 11 Defendant. 12 13 Pursuant to the scheduling order (Doc. 5), within 20 days thereof Plaintiff was directed to 14 serve on the defendant the summons, complaint, the notice and form of consent to proceed before 15 a magistrate judge (Doc. 5-2), a copy of the scheduling order (Doc. 5), and to file return of service 16 with this Court. Plaintiff was also directed to complete and file the consent/decline form (Doc. 5- 17 2) by March 8, 2021. 18 On April 12, 2021, the Court entered an order advising Plaintiff that the above deadlines 19 were in effect notwithstanding the entry of the stay, and instructed Plaintiff to file and serve the 20 above documents within 20 days. Doc. 7. Plaintiff did not do so. 21 Pursuant to Local Rule 110, “failure of counsel or of a party to comply … with any order 22 of the Court may be grounds for imposition by the Court of any and all sanctions … within the 23 inherent power of the Court.” This Court has the inherent power to manage its docket. Thompson 24 v. Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action based on a 25 party’s failure to prosecute an action, failure to obey a court order, or failure to comply with local 26 rules. See, e.g., Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissal for noncompliance 27 with local rule); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for lack of 28 1 prosecution and failure to comply with local rules). 2 Accordingly, by May 27, 2021 Plaintiff is DIRECTED to file a written response as to why 3 this case should not be dismissed for failure to prosecute. Alternatively, Plaintiff may file and serve 4 the above referenced documents by May 27, 2021. 5 If no response is filed by May 27, 2021 the Court will enter findings and recommendations 6 to dismiss this action for failure to prosecute. 7 8 IT IS SO ORDERED. 9 Dated: May 12, 2021 /s/ Gary S. Austin 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28