Opinion
Case No.: 1:13-cv-00447 - AWI - JLT
08-02-2013
ANDREW LITTLE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS DISMISSING THE
ACTION FOR PLAINTIFF'S FAILURE TO
PROSECUTE AND FAILURE TO COMPLY
WITH THE COURT'S ORDERS
Plaintiff initiated this action for review of a decision by the Social Security Administration on March 27, 2013. (Doc. 1). On July 15, 2013, the Magistrate Judge recommended the action be dismissed for Plaintiff's failure to prosecute the action and failure to comply with the Court's orders. (Doc.10); see Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order requiring amendment of complaint). The Magistrate Judge observed Plaintiff failed to file a Second Amended Complaint, even after receiving warnings that failure to do so may result in the dismissal of the action. (Doc. 10 at 3; see also Doc. 8 at 4 and Doc. 9 at 1-2).
Although Plaintiff was granted fourteen days to object to the Findings and Recommendations, or until July 29, 2013, he did not do so. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations are supported by the record and by proper analysis.
Based upon the foregoing, IT IS HEREBY ORDERED:
1. Plaintiff's complaint is DISMISSED without prejudice; and
2. The Clerk of Court is DIRECTED to close this action. IT IS SO ORDERED.
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SENIOR DISTRICT JUDGE