Opinion
No. C 01-01417 CRB
October 26, 2001
ORDER OF DISMISSAL FOR A FAILURE TO PROSECUTE
Plaintiff filed this appeal of defendant's denial of his application for social security benefits in pro per. Defendant filed an answer on July 10, 2001. Plaintiff did not file a motion for summary judgment as required by Civil Local Rule 16-5. Accordingly, on September 19, 2001, the Magistrate Judge to whom this case was originally assigned ordered plaintiff to show cause for his failure to file his motion. In particular, plaintiff was ordered to file a declaration by October 1, 2001 and appear at a show cause hearing on October 10, 2001. Plaintiff did not file the required declaration and at the hearing on October 10, 2001, the Magistrate Judge recommended that this action be dismissed for a failure to prosecute.
The Court hereby adopts the Magistrate Judge's recommendation and DISMISSES this action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).