(SS) Weinle v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 WENDY WEINLE, Case No. 1:19-cv-00122-JDP 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR 14 COMMISSIONER OF SOCIAL SECURITY, FAILURE TO PROSECUTE Defendant.

16 THIRTY-DAY DEADLINE 18 Plaintiff Wendy Weinle appealed defendant’s decision denying her application for Social Security benefits by filing a complaint before this court on January 28, 2019. ECF No. 1. On February 1 I issued a scheduling order, setting a deadline thirty days after service of the administrative record for plaintiff (1) to serve defendant with her letter brief and (2) to file proof of service. ECF No. 5, ¶ 3. Defendant filed the administrative record on July 24, 2019. ECF No. 9. Plaintiff has not filed a proof of service of her letter brief.

24 To manage the docket effectively, I impose deadlines on litigants and requires litigants to meet those deadlines. When a plaintiff fails to comply with court-imposed deadlines, I may dismiss the plaintiff’s case for failure to prosecute. See Fed. R. Civ. P. 41; Hells Canyon Pres.

27 Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at | least under certain circumstances.”). Involuntary dismissal is a harsh penalty, but the court has a | duty to administer justice expeditiously and avoid needless burden for the parties. See | Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1.

4 I will give plaintiff the opportunity to explain why the court should not dismiss the case | for her failure to prosecute. Plaintiffs failure to respond to this order will constitute a failure to || comply with a court order and will result in dismissal of this case. Accordingly, plaintiff must | show cause within thirty days of the date of entry of this order why the court should not dismiss | her case for failure to prosecute.

10 | Ir IS SO ORDERED.

12 | Dated: _ October 9, 2019 py senn □□□ _ B UNI STATES MAGISTRATE JUDGE 16 No. 205