(SS) Maya v. Commissioner of Social Security ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUBLA JIMENEZ MAYA, Case No. 1:24-cv-00578-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE 13 v. DISMISSED FOR FAILURE TO COMPLY WITH COURT ORDER 14 COMMISSIONER OF SOCIAL SECURITY, (ECF No. 3) 15 Defendant. FOURTEEN DAY DEADLINE 16 17 18 On May 14, 2024, Paubla Jimenez Maya (“Plaintiff”) filed a complaint seeking review of 19 the Commissioner’s denial of her application for Social Security benefits and an application to 20 proceed in forma pauperis in this action. (ECF Nos. 1, 2.) Upon review of the application to 21 proceed in forma pauperis, the Court found that it was inadequate to determine if Plaintiff was 22 entitled to proceed in this action without prepayment of fees. Plaintiff was ordered to file a long 23 form application to proceed in forma pauperis or pay the filing fee in this action within thirty 24 days of May 16, 2024. More than thirty days have passed, and Plaintiff has not paid the filing 25 fee, filed a long form application to proceed in forma pauperis, or otherwise responded to the 26 May 16, 2024 order. 27 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 28 or with any order of the Court may be grounds for imposition by the Court of any and all 1 | sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 2 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, 3 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 4 | 2000). 5 Accordingly, the Court HEREBY ORDERS PLAINTIFF TO SHOW CAUSE within ten 6 | (10) days of the date of entry of this order why a recommendation should not be made to the 7 | district judge to dismiss this action for failure to comply with the May 16, 2024 order. Plaintiff 8 | is forewarned that the failure to show cause may result in the imposition of monetary 9 | sanctions and the dismissal of this action. 10 IT IS SO ORDERED. DAM Le 12 | Dated: _ June 20, 2024 _ OO UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28