1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CLARA MCCONVILLE, Case No. 17-cv-06303-HSG

8 Plaintiff, ORDER TO SHOW CAUSE 9 v.

10 ANDREW SAUL, 11 Defendant. 1

12 13 Plaintiff filed this Social Security review action on October 31, 2017. Dkt. No. 1. Since 14 the filing of this action, the Court has not received any further communications from Plaintiff. 15 Plaintiff did not file her motion for summary judgment by the specified deadline and did not 16 respond to the Court’s multiple orders directing her to file a consent or declination to proceed 17 before a magistrate judge. See Dkt. Nos. 10, 11. 18 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 19 to comply with these rules or a court order, a defendant may move to dismiss the action or any 20 claim against it.” A defendant need not file a motion in order for a district court to dismiss a case 21 under Rule 41(b), given the Supreme Court’s statement that “[t]he authority of a court to dismiss 22 sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed 23 not by rule or statute but by the control necessarily vested in courts to manage their own affairs[.]” 24 See Link v. Wabash R. Co.,

, 630–31 (1962). 25 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why this case should not be 26 dismissed without prejudice for failure to prosecute. Plaintiff shall file a statement of no more 27 1 than two pages by September 24, 2019. 2 3 IT IS SO ORDERED. 4 ||} Dated: 9/11/2019 ° ee S. GILLIAM, JR. / 6 United States District Judge 7 8 9 10 11 12

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