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Grant v. Berryhill, 17-cv-05135-RMI. (2018)

Court: District Court, N.D. California Number: infdco20181023887 Visitors: 15
Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: ORDER TO SHOW CAUSE RE DISMISSAL ROBERT M. ILLMAN , Magistrate Judge . This Social Security appeal was filed on September 1, 2017. (Doc. 1.) Plaintiff's motion for summary judgment was due on May 16, 2018. (Doc. 24.) The court takes judicial notice of the fact that Plaintiff's attorney of record, Kenneth J. Collins, is now deceased. However, five months have elapsed since Plaintiff's motion for summary judgment was due. No new attorney has substituted in to represent Plaintiff and no motion
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ORDER TO SHOW CAUSE RE DISMISSAL

This Social Security appeal was filed on September 1, 2017. (Doc. 1.) Plaintiff's motion for summary judgment was due on May 16, 2018. (Doc. 24.) The court takes judicial notice of the fact that Plaintiff's attorney of record, Kenneth J. Collins, is now deceased. However, five months have elapsed since Plaintiff's motion for summary judgment was due. No new attorney has substituted in to represent Plaintiff and no motion has been filed. Accordingly, Plaintiff shall, no later than November 5, 2018, show cause why this appeal should not be DISMISSED without prejudice for failure to prosecute and failure to comply with a court order. See Fed. R. Civ. P. 41(b); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992); Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002).

IT IS SO ORDERED.

Source:  Leagle

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