Opinion
No. 2:14-cv-2804 AC
08-04-2015
JEFFREY KENT LUCAS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER AND FINDINGS AND RECOMMENDATIONS
Plaintiff, proceeding in forma pauperis, seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner"), denying his application for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act. ECF No. 1. Defendant Commissioner filed a motion to dismiss, asserting that plaintiff's complaint is barred by the applicable statute of limitations. ECF No. 13.
The court ordered plaintiff to file an opposition, or a statement of non-opposition, no later than May 7, 2015. ECF No. 14. The time for plaintiff's response expired, but he did not oppose the motion to dismiss, nor otherwise respond to the court's order. The court then ordered plaintiff to show cause why this case should not be dismissed for lack of prosecution. ECF No. 15. The time for plaintiff's response has expired, but he has not responded to the court's order.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a district judge to this matter.
Further, IT IS HEREBY RECOMMENDED that:
This action be dismissed for lack of prosecution and for failure to comply with the court's orders. See Fed. R. Civ. P. 41(b); E.D. Cal. R. 110.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty one days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Id.; see also Local Rule 304(b). Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed with the court and served on all parties within fourteen days after service of the objections. Local Rule 304(d). Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). DATED: August 4, 2015
/s/_________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE