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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY J. GIORDANO, Case No. 2:20-cv-02082-JDP (SS) 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURES TO PROSECUTE AND COMPLY WITH A COURT ORDER 14 COMMISSIONER OF SOCIAL SECURITY, RESPONSE DUE WITHIN 30 DAYS 15 Defendant. 16 17 18 Plaintiff filed his social security complaint on October 19, 2020. ECF No. 1. Plaintiff’s 19 motion to proceed in forma pauperis was granted, and the case was stayed under General Order 20 615. ECF No. 3. On July 19, 2021, the Commissioner filed the administrative transcript, which 21 lifted the stay. ECF No. 11. A scheduling order followed, requiring plaintiff to file a motion for 22 summary judgment within 45 days of the filing of the administrative transcript. ECF No. 12. 23 Plaintiff’s motion for summary judgment was due August 2, 2021 but has not been filed. 24 To manage its docket, the court imposes deadlines on litigants and requires litigants to 25 meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute or failure 26 to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. 27 Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a 28 1 | district court has a duty to administer justice expeditiously and avoid needless burden for the 2 | parties. See Pagtalunan vy. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. 3 The court will give plaintiff a chance to explain why the court should not dismiss the case 4 | for plaintiffs failures to prosecute and comply with a court order. Plaintiff's failure to respond to 5 | this order will constitute another failure to comply with a court order and will result in dismissal 6 | of this case. 7 Accordingly, within 30 days plaintiff must: 8 1. show cause for his failures to prosecute and comply with a court order, and 9 2. file a motion for summary judgment. 10 Wl IT IS SO ORDERED. 12 ( ie — Dated: _ October 12, 2021 Q_—— 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28