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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACQUELINE DAVILA, Case No. 1:20-cv-01816-HBK 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY THE ACTION SHOULD NOT 13 v. BE DISMISSED FOR LACK OF PROSECUTION 14 COMMISSIONER OF SOCIAL SECURITY, FOURTEEN-DAY DEADLINE 15 Defendant. (Doc. No. 9) 16 17 This matter comes before the Court upon periodic review of the file. Plaintiff initiated 18 this action on December 27, 2020. (Doc. No. 1). The Court granted Plaintiff’s motion for leave 19 to proceed in forma pauperis. (Doc. No. 4). On January 14 and 19, 2021, the Clerk issued 20 summons (Doc. No. 5) and an amended scheduling order. (Doc. No. 6, 7). On January 28, 2022, 21 the Commissioner lodges the certified administrative record (“CAR”). (Doc. No. 9). The filing 22 of the CAR triggers certain deadlines, including the deadline for Plaintiff to file certain notices 23 with the Court and to file an opening brief in this matter. (Doc. No. 7 at ¶¶3, 6). A review of the 24 docket reveals no action by Plaintiff to prosecute this case subsequent to the filing of the CAR. 25 See docket. Specifically, Plaintiff has not filed an opening brief by the deadline specified in the 26 Scheduling Order. (Id., requiring opening brief no later than 105 days after the filing of the 27 CAR). 28 Federal Rule of Civil Procedure 41(b) permits courts to involuntarily dismiss an action 1 | when a litigant fails to prosecute an action or fails to comply with a court order. See Fed. R. Civ. 2 | P.41(b); see Applied Underwriters v. Lichtenegger, 913 F.3d 884, 889 (9th Cir. 2019) (citations 3 | omitted); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) 4 | ([T]he consensus among our sister circuits, with which we agree, is that courts may dismiss 5 | under Rule 41(b) sua sponte, at least under certain circumstances.”). Local Rule 110 similarly 6 || permits courts to impose sanctions on a party who fails to comply with a court order. 7 Accordingly, it is ORDERED: 8 1. Within fourteen (14) days from receipt of this Order, Plaintiff shall show cause why 9 | this case should not be dismissed for failure to prosecute and/or failure to comply with the 10 || Court’s Scheduling Order. If Plaintiff fails to respond to this Order, or explain his inability to 11 || respond, the undersigned will recommend the District Court dismiss this case without further 12 | notice. 13 2. Alternatively, Plaintiff may file a notice to voluntarily dismiss this case under Fed. R. 14 | Civ. P. 41 (a) within fourteen (14) days. 15 '© | Dated: __August 9, 2022 Mihaw. Wh. foareh Zaskth 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28