(SS) Encinas v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 JULIO C. ENCINAS, No. 1:19-cv-00470-LJO-GSA
11 Plaintiff, FINDINGS AND RECOMMENDATION v. FOR DISMISSAL OF CASE FOR
FAILURE TO PROSECUTE
ANDREW SAUL, Commissioner of Social
Security, 15 Defendant.
Plaintiff Julio C. Encinas, proceeding pro se, filed a complaint requesting a review of the 18 Commissioner’s denial of disability benefits on April 11, 2019. Doc. 1. On May 28, 2019, the 19 Court granted Plaintiff’s motion to proceed in forma pauperis and issued a scheduling order and 20 summons to be completed and returned for service within twenty (20) days. Docs. 3, 4 and 5. 21 The scheduling order included detailed instructions for preparation and return of the summons for 22 service by the U.S. Marshal. Doc. 5-3. By July 18, 2019, Plaintiff had not returned the summons and associated documents to the Clerk of Court for filing by the U.S. Marshal, nor taken any other action to serve the 26 Commissioner with the complaint. Accordingly, the Court…