Robert Okumoto v. Nancy A. Berryhill

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ROBERT OKUMOTO, CASE NO. 2:19-cv-02658-SK

Plaintiff,

ORDER DISMISSING ACTION

v. FOR FAILURE TO PROSECUTE

ANDREW M. SAUL,

Defendant.

In April 2019, Plaintiff filed a complaint challenging Defendant’s denial of social security benefits. (ECF 1). In November 2019, the Court granted the parties’ stipulated request for an extension of time and gave Plaintiff until February 4, 2020 to file a motion for summary judgment. (ECF 22). Plaintiff missed the February 2020 deadline, and, consequently, the Court issued an order to show cause why this action should not be dismissed for failure to prosecute. (ECF 23). As of today, Plaintiff has still not filed his motion, a request for an extension of time to do so, or any other document suggesting his intent to prosecute this action. Thus, this action may be dismissed for lack of prosecution. See Fed. R. Civ. P. 41(b); Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). When determining whether to dismiss an action on this basis, the Court considers: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s…