1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 FRANK LEROY BOWIE, Case No. 18-cv-04889-RMI

9 Plaintiff, ORDER DISMISSING CASE 10 v. WITHOUT PREJUDICE

11 ANDREW M. SAUL, 12 Defendant.

13 14 This Social Security appeal was filed on August 12, 2018. (Dkt. 1). Pursuant to the Court’s 15 Scheduling Order, Plaintiff’s motion for summary judgment was due on January 17, 2019. (Dkt. 16 7). Nearly ten months have passed, and Plaintiff’s motion has not been filed. In fact, Plaintiff’s 17 first and last contact with the court was on August 12, 2018. (Dkts. 1, 3, 4). 18 On October 7, 2019, the court entered an Order to Show Cause regarding Dismissal. (Dkt. 19 18). The court therefore ordered Plaintiff to show cause, no later than November 7, 2019, why this 20 appeal should not be dismissed without prejudice for failure to prosecute. Id. The deadline for 21 Plaintiff to respond to the court’s Order to Show Cause passed without a response from Plaintiff. 22 “In determining whether to dismiss an action for lack of prosecution, the district court is 23 required to weigh several factors: ‘(1) the public's interest in expeditious resolution of litigation; 24 (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public 25 policy favoring disposition of cases on their merits and (5) the availability of less drastic 26 sanctions.’” Carey v. King,

(9th Cir. 1988) (quoting Henderson v. Duncan, 27

(9th Cir. 1986)). 1 Carey. Although public policy favors disposition of cases on their merits, Plaintiff's utter failure 2 |} to litigate this case makes it impossible for the court to proceed. The court’s need to manage its 3 docket, the public’s interest in expeditious resolution of litigation, and the risk of prejudice to 4 || Defendant all weigh in favor of dismissal. The court has waited approximately ten months for 5 Plaintiff to file his motion for summary judgment, yet he has not done so and has not 6 |} communicated with the court. There are no less drastic alternatives available. 7 Accordingly, IT IS HEREBY ORDERED that this case is dismissed without prejudice for 8 failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 9 IT IS SO ORDERED. 10 Dated: November 8, 2019 11 2 ROBERT M. ILLMAN 13 United States Magistrate Judge

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