(SS)(PS) Brady v. Commissioner of Social Security, No. 2:2019cv01116 - Document 10 (E.D. Cal. 2019)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 10/21/19 ORDERING that the Clerk of the Court shall randomly assign a United States District Judge to this action and RECOMMENDING that this action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within twenty-one (21) days. (Kaminski, H)
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(SS)(PS) Brady v. Commissioner of Social Security Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEBBY K. BRADY, 12 13 14 15 16 No. 2:19-cv-01116 AC (PS) Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 17 18 Plaintiff is proceeding in this social security action pro se. The action was accordingly 19 referred to the undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21) and 20 Appx. A(j)(1). On July 18, 2019, the court issued a scheduling order and instructed plaintiff that 21 she must file her consent or decline form by September 18, 2019. ECF No. 3. Plaintiff did not 22 file the form within the time limit. On October 7, 2019, the court issued an order directing 23 plaintiff to show cause why the consent/decline form had not been filed or to file the form by 24 October 18, 2019; plaintiff was warned that failure to file the form would cause the case to be 25 dismissed for failure to prosecute. ECF No. 5. Plaintiff has not responded to the court’s orders, 26 nor taken any action to prosecute this case. 27 28 Therefore, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a United States District Judge to this action; and 1 Dockets.Justia.com 1 IT IS HEREBY RECOMMENDED that this action be dismissed, without prejudice, for 2 lack of prosecution and for failure to comply with the court’s order. See Fed. R. Civ. P. 41(b); 3 Local Rule 110. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 6 (21) days after being served with these findings and recommendations, any party may file written 7 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 8 Findings and Recommendations.” Local Rule 304(d). Failure to file objections within the 9 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 10 F.2d 1153 (9th Cir. 1991). 11 DATED: October 21, 2019 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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