Corbin Spencer v. Carolyn W. Colvin

Filing 14

ORDER TO SHOW CAUSE by Magistrate Judge Douglas F. McCormick. Response to Order to Show Cause due by 7/7/2017. (mt)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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CORBIN SPENCER,

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Plaintiff,

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v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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) No. CV 17-0363-CJC (DFM)
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) ORDER TO SHOW CAUSE
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In its January 25, 2017 Order re: Procedures in Social Security Appeal,

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the Court ordered Plaintiff to promptly serve the summons and complaint on

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the government in accordance with Federal Rule of Civil Procedure 4(i) and

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file an appropriate proof of service within 30 days of the date of this Order.

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Dkt. 11 ¶ 1. The Court’s review of the docket reveals that a proof of service

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was filed by Plaintiff on February 24, 2017. Dkt. 12. However, the government

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has not filed a notice of appearance and has not electronically served Plaintiff’s

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administrative record as required by the Court’s Order. The Court understands

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from Plaintiff’s counsel that the government claims that service was defective.

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///

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Accordingly, on or before July 7, 2017, Plaintiff is ORDERED to good

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cause in writing, if any exists, why the Court should not dismiss Plaintiff’s

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appeal for failure to prosecute. The filing of a new proof of service showing

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that the government has been properly served the summons and complaint in

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accordance with Rule 4(i) will satisfy this OSC.

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Plaintiff is warned that if he fails to timely file a response to this

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Order, the Court may dismiss the complaint for failure to comply with a

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Court order and/or for lack of prosecution.

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Dated: June 19, 2017

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______________________________
DOUGLAS F. McCORMICK
United States Magistrate Judge

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