(SS) Ames-Craig 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 KHALIL MONTAZH AMES-CRAIG, Case No. 1:21-cv-00687-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY SANCTIONS 13 v. SHOULD NOT BE IMPOSED FOR FAILURE TO FILE OPENING BRIEF 14 COMMISSIONER OF SOCIAL SECURITY, THREE DAY DEADLINE 15 Defendant. 16 17 On April 26, 2021, Plaintiff Khalil Montazh Ames-Craig filed this action seeking judicial 18 review of a final decision of the Commissioner of Social Security (“Commissioner”) denying an 19 application for disability benefits pursuant to the Social Security Act. (ECF No. 1.) On March 20 21, 2022, the Court entered the parties’ stipulation that extended the time for Plaintiff to file an 21 opening brief until May 31, 2022. (ECF Nos. 20, 21.) Plaintiff did not file an opening brief by 22 May 31, 2022. 23 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 24 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 25 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 26 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 27 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 1 Plaintiffs failure to file an opening brief by May 31, 2022, after being granted multiple 2 | extensions of time to do so, constitutes a failure to comply with the Court’s orders. Accordingly, 3 | Plaintiff will be directed to show cause why they should not be sanctioned for failing to file an 4 | opening brief in compliance with the Court’s orders. 5 Based on the foregoing, IT IS HEREBY ORDERED that within three (3) days of entry 6 | of this order, Plaintiff shall show cause in writing why she should not be sanctioned for failing 7 | to comply with the Court’s orders and timely submit an opening brief in this matter. Failure to 8 | comply with this order will result in the imposition of sanctions including but not limited to 9 | dismissal of this action. 10 i IT IS SO ORDERED. DAM Le 12 | Dated: _June 1, 2022 _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28