Marcus Dean Gray v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California dismissed Marcus Dean Gray’s Social Security action for failure to prosecute under Federal Rule of Civil Procedure 41(b). The court found that Plaintiff failed to file a motion for summary judgment or respond to an order to show cause, and directed the Clerk to close the case.

Holdings

1. A district court may sua sponte dismiss an action for failure to prosecute or failure to comply with court rules or orders when the applicable Rule 41(b) factors support dismissal. Because Plaintiff failed to file his summary-judgment motion, ignored the order to show cause, and left the case without progress, dismissal was appropriate.

Questions Presented

1. Whether the action should be involuntarily dismissed under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute the case and failed to comply with the court's scheduling order and order to show cause.

Disposition

dismissed