(SS) Becerra v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROSALINDA H. BECERRA, Case No. 1:21-cv-01658-CDB 12 Plaintiff, ORDER REQURING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT 13 v. BE IMPOSED FOR FAILURE TO FILE CONSENT OR REASSIGNMENT FORM 14 COMMISSIONER OF SOCIAL SECURITY, ECF No. 6 15 Defendant. THREE-DAY DEADLINE 16 17 On November 17, 2021, Plaintiff Rosalinda H. Becerra filed the present action in this court 18 seeking review of the Commissioner’s denial of an application for Social Security Disability 19 Insurance benefits and Supplemental Security Income benefits for lack of disability. (ECF No. 2). 20 On November 22, 2021, the Court issued an Order directing the parties, within ninety (90) days, 21 to complete and file a Consent to Magistrate Judge Assignment or Request for Reassignment form. 22 (ECF No. 6). On January 6, 2022, Defendant filed a Consent to Magistrate Judge Assignment or 23 Request for Reassignment form. (ECF No. 8). Plaintiff has not filed the required form and it is 24 eight months past due. 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 26 or with any order of the Court may be grounds for imposition by the Court of any and all sanctions 27 . . . within the inherent power of the Court.” The Court has the inherent power to control its docket and may, in the exercise of that power, impose sanctions where appropriate, including dismissal 1 pf the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 2 Based on the foregoing, IT IS HEREBY ORDERED that within three (3) days of entry 3 pf this order, Plaintiff shall show cause in writing why Plaintiff should not be sanctioned for 4 failing to timely comply with his obligation to complete and return the Consent to Assignment or 5 Request for Reassignment. 6 7 IS SO ORDERED. g| Dated: _October 24, 2022 _ [nr DR~ 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28