Elijah James Harris, Jr. v. Carolyn Colvin
Filing
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ORDER TO SHOW CAUSE by Magistrate Judge Robert N. Block. Accordingly, on or before November 3, 2014, plaintiff is ORDERED to either (a) serve and file his motion for judgment on the pleadings in accordance with the format specified in Section VI of the April 11, 2014 Case Management Order or (b) show good cause in writing, if any exists, why plaintiff did not timely file his motion for judgment on the pleadings, and why the Court should not recommend that this action be dismissed for failure to prosecute and failure to comply with the Court's prior Order. Plaintiff is forewarned that, if he fails to do either, the Court will deem such failure a further violation of a Court order justifying dismissal and also deem such failure as further evidence of a lack of prosecution on plaintiff's part. (see document for details). (dro)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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ELIJAH JAMES HARRIS JR.,
) Case No. SACV 14-0383-GW (RNB)
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Plaintiff,
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vs.
) ORDER TO SHOW CAUSE
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CAROLYN W. COLVIN, Acting )
Commissioner of Social Security, )
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Defendant.
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Under Section V.A of the Court’s April 11, 2014 Case Management Order,
18 plaintiff was required to serve and file his motion for judgment on the pleadings
19 within 35 days of the service and filing of the Answer.
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The Answer was served and filed on August 27, 2014. Thus, including the 3
21 extra days to which plaintiff was entitled under Fed. R. Civ. P. 6(d), the filing
22 deadline for plaintiff’s motion for judgment on the pleadings was October 4, 2014
23 (which being a Saturday meant the deadline was extended to October 6, 2014 per Fed.
24 R. Civ. P. 6(a)(1)(C)). Although that deadline now has elapsed, plaintiff still has not
25 filed his motion for judgment on the pleadings.
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Accordingly, on or before November 3, 2014, plaintiff is ORDERED to either
27 (a) serve and file his motion for judgment on the pleadings in accordance with the
28 format specified in Section VI of the April 11, 2014 Case Management Order or (b)
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1 show good cause in writing, if any exists, why plaintiff did not timely file his motion
2 for judgment on the pleadings, and why the Court should not recommend that this
3 action be dismissed for failure to prosecute and failure to comply with the Court’s
4 prior Order. Plaintiff is forewarned that, if he fails to do either, the Court will deem
5 such failure a further violation of a Court order justifying dismissal and also deem
6 such failure as further evidence of a lack of prosecution on plaintiff’s part.
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8 DATED: October 9, 2014
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ROBERT N. BLOCK
UNITED STATES MAGISTRATE JUDGE
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