United States District Court, N.D. California
January 9, 2004.
ROBERT SWOOPES, Plaintiff, CLOTEAL SWOOPES, Next Friend,
SOCIAL SECURITY ADMINISTRATION, Does One through Thirty, Defendants
The opinion of the court was delivered by: WILLIAM HASKELL ALSUP, District Judge
ORDER DISMISSING CASE
On June 26, 2003, plaintiff Robert Swoopes, through "next friend"
Cloteal Swoopes, filed a complaint against the Social Security
Administration claiming that he was not paid social security benefits
purportedly due in May 2003. The complaint alleges that this withholding
of benefits violated plaintiff's due process rights under the Fourteenth
Amendment, 42 U.S.C. § 1983, and 18 U.S.C. § 246.
On September 25, 2003, an initial case management conference was
scheduled in this case. Plaintiff nor his "next friend" appeared. Neither
did plaintiff file a case management conference statement in compliance
with the Court's orders. As a result, on September 26, 2003, the Court
issued an order to show cause why plaintiff's claims should not be
for failure to prosecute. Plaintiff was directed to file a written
response to the order to show cause by October 30, 2003, or suffer the
dismissal of his case. Plaintiff failed to respond.
On October 9, 2003, the Court denied plaintiff's application to proceed
in forma pauperis. The application contained a number of deficiencies,
including a lack of information as to plaintiff's expenses. Plaintiff was
therein directed to either submit a new in forma pauperis application or
pay the otherwise applicable filing fee by October 30, 2003. The Court's
docket reveals that plaintiff failed to do so.
Plaintiff was thereafter given one final opportunity to save his case.
On December 10, 2003, the Court issued a further order to show cause.
That order directed plaintiff to appear in court on January 8, 2004, at
11:00 a.m. to show cause why his case should not be dismissed for failure
to prosecute. Plaintiff was again informed that failure to appear as
ordered would result in the formal dismissal of this case.
On January 8, 2004, the Court heard its regular
case-management-conference calendar beginning at 11:00 a.m. The instant
matter was listed as the last case to be heard to give plaintiff a full
opportunity to appear before the Court as ordered. Plaintiff's case, the
last case on the calendar, was called at approximately 11:50 a.m.
Plaintiff did not appear. No one in this case came forward. The record
was made to so reflect.
This order now DISMISSES plaintiff's case. This case is
dismissed for plaintiff's failure to prosecute. This case is also
dismissed for plaintiff's failure to pay the required filing fee. This
case is further dismissed for plaintiff's repeated failures to comply
with this Court's orders, including its initial scheduling order and two
orders to show cause. The Clerk of the Court SHALL CLOSE THE
IT IS SO ORDERED.
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