REPORT AND RECOMMENDATION TO DISMISS CASE WITHOUT PREJUDICE; ORDER REASSIGNING CASE TO A DISTRICT JUDGE

KANDIS A. WESTMORE, Magistrate Judge.

Plaintiff commenced this social security action on April 24, 2017. (Dkt. No. 1.) On April 24, 2017, the court issued a scheduling order requiring Plaintiff to file a motion for summary judgment or motion for remand within 28 days of being served with Defendant's answer. (Dkt. No. 3.) The answer and administrative record were filed on December 14, 2017. (Dkt. Nos. 12 & 13.) Thus, Plaintiff's motion for summary judgment or motion for remand was due by January 11, 2018. On March 27, 2018, the Court issued an order to show cause, in which Plaintiff was ordered to explain why his case should not be dismissed for failure to comply with the deadline to file his dispositive motion and to file his motion for summary judgment or motion for remand. (Dkt. No. 17.) Plaintiff was given until April 27, 2018 to file both documents, and was advised that the failure to do so may result in the case being dismissed for failure to prosecute.

Plaintiff did not respond to the first order to show cause, so, on May 30, 2018, the Court issued a second order to show cause. (Dkt. No. 18.) Therein, Plaintiff was ordered to explain why this case should not be dismissed for failure to comply with the deadline to file the motion for summary judgment or seek relief from the procedural order deadline, and why he did not respond to the first order to show cause. Id. at 1-2. He was also ordered to file a motion for summary judgment or motion for remand, and a consent or declination to proceed before the undersigned. Id. at 2. Plaintiff was ordered to file the three documents on or before June 29, 2018, and was advised that the "[f]ailure to file all documents will result in the case being reassigned to a district judge with the recommendation that it be dismissed for failure to prosecute." Id. at 2. To date, Plaintiff has not filed a motion for summary judgment or motion for remand, he has not filed a response to either order to show cause, and he has not filed a consent or declination to proceed before the undersigned despite being sent three notices reminding him to do so.

Federal Rule of Civil Procedure 41(b) permits the involuntary dismissal of an action or claim for a plaintiff's failure to prosecute. See Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962) ("authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an `inherent power'"). Unless otherwise stated, a dismissal under Rule 41(b) "operates as an adjudication on the merits." Fed. R. Civ. P. 41(b).

In light the foregoing, the case is REASSIGNED to a district judge with the RECOMMENDATION that the case be dismissed without prejudice for failure to prosecute.

Any party may file objections to this report and recommendation with the district judge within 14 days of being served with a copy. See 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b); N.D. Civil L.R. 72-3. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. IBEW Local 595 Trust Funds v. ACS Controls Corp., No. C-10-5568, 2011 WL 1496056, at *3 (N.D. Cal. Apr. 20, 2011).

IT IS SO ORDERED.