Opinion

(SS) Brown v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
May 17, 2021
Cited by
0 cases
Authority
More cited than 17.6%

The opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 ANNA LYNN BROWN, Case No. 1:20-cv-00721-SAB

12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW

CAUSE WHY THIS ACTION SHOULD NOT

13 v. BE DISMISSED FOR FAILURE TO

PROSECUTE

14 COMMISSIONER OF SOCIAL

SECURITY, FIVE DAY DEADLINE

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Defendant.

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18 On May 22, 2020, Anna Lynn Brown (“Plaintiff”) filed this action seeking judicial

19 review of a final decision of the Defendant Commissioner of Social Security (“Defendant” or

20 “Commissioner”) denying her application for disability benefits pursuant to the Social Security

21 Act. On March 16, 2021, an order issued granting Plaintiff’s motion for a sixty (60) day

22 extension in order to file the opening brief in this action. (ECF Nos. 21, 24.) Plaintiff was

23 ordered to file her opening brief on or before May 10, 2021. (ECF No. 24.) The deadline to file

24 the opening brief has passed and Plaintiff has neither filed a brief or requested a further extension

25 of time to do so.

26 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

27 Rules or with any order of the Court may be grounds for imposition by the Court of any and all

sanctions . . . within the inherent power of the Court.” The Court has the inherent power to

1 | control its docket and may, in the exercise of that power, impose sanctions where appropriate,

2 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.

3 | 2000).

4 Accordingly, IT IS HEREBY ORDERED that Plaintiff SHALL SHOW CAUSE IN

5 | WRITING why this action should not be dismissed for failure to prosecute within five (5) days

6 | of the date of service of this order. Failure to comply with this order to show cause shall result in

7 | the recommendation that this action be dismissed for failure to prosecute.

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9 IT IS SO ORDERED. OF a Se

19 | Dated: _May 17, 2021 _ Of

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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