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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANNA LYNN BROWN, Case No. 1:20-cv-00721-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT 13 v. BE DISMISSED FOR FAILURE TO PROSECUTE 14 COMMISSIONER OF SOCIAL SECURITY, FIVE DAY DEADLINE 15 Defendant. 16 17 18 On May 22, 2020, Anna Lynn Brown (“Plaintiff”) filed this action seeking judicial 19 review of a final decision of the Defendant Commissioner of Social Security (“Defendant” or 20 “Commissioner”) denying her application for disability benefits pursuant to the Social Security 21 Act. On March 16, 2021, an order issued granting Plaintiff’s motion for a sixty (60) day 22 extension in order to file the opening brief in this action. (ECF Nos. 21, 24.) Plaintiff was 23 ordered to file her opening brief on or before May 10, 2021. (ECF No. 24.) The deadline to file 24 the opening brief has passed and Plaintiff has neither filed a brief or requested a further extension 25 of time to do so. 26 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 27 Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 1 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 2 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 3 | 2000). 4 Accordingly, IT IS HEREBY ORDERED that Plaintiff SHALL SHOW CAUSE IN 5 | WRITING why this action should not be dismissed for failure to prosecute within five (5) days 6 | of the date of service of this order. Failure to comply with this order to show cause shall result in 7 | the recommendation that this action be dismissed for failure to prosecute. 8 9 IT IS SO ORDERED. OF a Se 19 | Dated: _May 17, 2021 _ Of UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28