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SCHENCK v. COMMISSIONER OF SOCIAL SECURITY, 3:16-cv-02348-JD. (2017)

Court: District Court, N.D. California Number: infdco20170508668 Visitors: 10
Filed: May 05, 2017
Latest Update: May 05, 2017
Summary: ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE Re: Dkt. No. 12 JAMES DONATO , District Judge . On April 6, 2017, the Court ordered plaintiff Ryker William Schenck to show cause why this case should not be dismissed for failure to prosecute. Dkt. No. 12. Schenck did not respond to the order. He has not paid the filing fee for his case. The Court has not heard from Schenck or the counsel who appeared on his behalf for over one year. Consequently, the case is dismissed with prejudice for failur
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ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE

Re: Dkt. No. 12

On April 6, 2017, the Court ordered plaintiff Ryker William Schenck to show cause why this case should not be dismissed for failure to prosecute. Dkt. No. 12. Schenck did not respond to the order. He has not paid the filing fee for his case. The Court has not heard from Schenck or the counsel who appeared on his behalf for over one year.

Consequently, the case is dismissed with prejudice for failure to prosecute. The Court has considered the five factors set forth in Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). While our policy favors the disposition of cases on their merits, Schenck has shown no interest in pursing his claims, and disregarded the Court's order to show cause warning that the action would be dismissed if he failed to respond. The Clerk is directed to close the file.

IT IS SO ORDERED.

Source:  Leagle

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