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SWOOPES v. SOCIAL SECURITY ADMINISTRATION

United States District Court, N.D. California


January 9, 2004.

ROBERT SWOOPES, Plaintiff, CLOTEAL SWOOPES, Next Friend,
v.
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 dismissed Page 2 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 FILE.

  IT IS SO ORDERED.

20040109

© 1992-2004 VersusLaw Inc.



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