McConville

McConville v. Saul

Good Law
United States District Court, Northern District of CaliforniaSeptember 11, 20194:17-cv-06303California314 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CLARA MCCONVILLE, Case No. 17-cv-06303-HSG

Plaintiff, ORDER TO SHOW CAUSE v.

ANDREW SAUL, Defendant.

12 Plaintiff filed this Social Security review action on October 31, 2017. Dkt. No. 1. Since the filing of this action, the Court has not received any further communications from Plaintiff. Plaintiff did not file her motion for summary judgment by the specified deadline and did not respond to the Court’s multiple orders directing her to file a consent or declination to proceed before a magistrate judge. See Dkt. Nos. 10, 11. Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” A defendant need not file a motion in order for a district court to dismiss a case under Rule 41(b), given the Supreme Court’s statement that “[t]he authority of a court to dismiss sua sponte for…

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