ORDER TO SHOW CAUSE; ORDER CONTINUING 12/15/16 HEARING

KANDIS A. WESTMORE, Magistrate Judge.

Plaintiff Betty J. Watts, proceeding pro se, filed this lawsuit against the Social Security Administration for the wrongful termination of benefits based on her alleged death. On November 3, 2016, the Government filed a motion to dismiss in this action. (Dkt. No. 9.) Pursuant to Civil Local Rule 7-3, Plaintiff's opposition was due on November 21, 2016. Plaintiff did not file an opposition.

Plaintiff informed the Court telephonically that her pay status has since been corrected and that she is again receiving benefits. Accordingly, by no later than January 31, 2017, the Court orders Plaintiff to either:

Failure to timely respond to this order to show cause may result in the dismissal of this action for failure to prosecute. See Judge Westmore's General Standing Order ¶ 22 ("The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion").

To aid in her compliance with this order, Plaintiff may wish to contact the Federal Pro Bono Project's Help Desk—a free service for pro se litigants— by calling (415) 782-8982 to make an appointment to obtain legal assistance from a licensed attorney.

Additionally, the December 15, 2016 hearing on the motion to dismiss is continued to March 2, 2017 at U.S. District Court, 1301 Clay Street, Oakland, California at 11:00 a.m. in Courtroom 4.

IT IS SO ORDERED.

CONSENT OR DECLINATION TO MAGISTRATE JUDGE JURISDICTION

INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection.

In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.

In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge.

Instructions: Notice of Voluntary Dismissal

This packet was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an official court form.

Checklist

This packet provides a Notice of Voluntary Dismissal form and a Certificate of service. It is also available in a fillable pdf version on the Court's website at www.cand.uscourts.gov/Legal-Help-Center-Templates. This packet includes the following forms:

General Instructions

A. The purpose of a Notice of Voluntary Dismissal is for the plaintiff to dismiss the lawsuit either as a whole, or as against any particular defendants.

B. Timing. Generally, a plaintiff has a right to file a Notice of Voluntary Dismissal at any time before the defendant serves either an answer or a motion for summary judgment. If the defendant you want to dismiss from the case has filed an answer or motion for summary judgment, you cannot use this form; you should seek legal advice.

C. Whether you can re-file after dismissal. This Notice of Voluntary Dismissal form states that the dismissal will be "without prejudice," which generally means that the plaintiff may sue again on the same claim, if the time to do so has not passed. But if this is the second time that a plaintiff has attempted to sue on this claim (in state or federal court), filing this Notice will be considered a dismissal "with prejudice," regardless of the language included in the form. "With prejudice" means the plaintiff cannot file another suit based on this claim. If you think you may want to re-file the case later, before dismissing, seek legal advice.

D. Fill out each of the included forms COMPLETELY. Suggestions are provided [in brackets and italics that look like this] to help you fill in the blanks. If a blank does not apply to you, write "not applicable." Be sure to sign and date each form.

E. Serving and Filing the Papers. Make sure that a copy of all of the forms in this packet is served on the opposing party in one of the ways listed on the Certificate of Service. Have the person who served the motion papers fill out the Certificate of Service. You can do this yourself. Then, mail or hand-deliver the original plus two copies of the forms to the Clerk's Office at the court to which you are assigned. The Clerk will take the original and one copy. The other copy is for you to keep after it is stamped by the Clerk. If you file by mail, include a self-addressed, stamped envelope so that the Clerk can send a copy back to you.

More Information

This packet does NOT tell you everything you need to know about voluntary dismissals. Before you file a Notice of Voluntary Dismissal, we recommend that: