(SS)(PS) Wilburn v. Commissioner of Social Security ( 2019 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLY LYNN WILBURN, No. 2:18-CV-0994-WBS-DMC 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 Plaintiff, who is proceeding pro se, brings this action for judicial review of a final 19 decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). 20 Pursuant to the court’s scheduling order, plaintiff is required to prosecute this 21 action by either seeking voluntary remand or filing a dispositive motion within 45 days from the 22 date of service of the administrative record by defendant. Plaintiff was warned that failure to 23 comply may result in dismissal of this action for lack of prosecution and failure to comply with 24 court rules and orders. See Local Rule 110. A review of the docket reflects that the answer and 25 certified administrative record were served on July 5, 2019. To date, plaintiff has not filed a 26 dispositive motion. 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that this action be dismissed 2 | without prejudice for lack of prosecution. See Local Rule 110. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: September 6, 2019 Ssvcqo_ M DENNIS M. COTA 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28