de Leon Buera v. Commissioner of Social Security

Filing 20

ORDER For Status Report signed by Magistrate Judge Gary S. Austin on 7/14/2009. Status Report due within 5 days. (Esteves, C)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) Plaintiff, ) ) vs. ) ) MICHAEL J. ASTRUE, Commissioner, ) ) Defendant. ) ____________________________________) EDNA DE LEON BUERA, 1:07cv1051 GSA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ORDER FOR STATUS REPORT

On May 28, 2008, this Court issued its order to remand under sentence six of section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g). On remand, the Commissioner would attempt to locate Plaintiff's claims file and, if the file could not be located within a reasonable time, it would be reconstructed, including an instruction to an Administrative Law Judge to reconstruct the record, hold a new hearing, and issue a decision. On March 4, 2009, the Commissioner filed a status report indicating that Plaintiff's claims file could not be located and a new hearing before the Administrative Law Judge would be scheduled. Pursuant to an Order issued by this Court on January 28, 2009, the Commissioner was required to file another status report within 120 days. The report was due on July 2, 2009. To date, no status report was filed. Accordingly, within five days, the Commissioner shall file a status report 1

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updating the Court on the status of this case. Failure to do so may result in the imposition of sanctions.

IT IS SO ORDERED. Dated: 6i0kij

July 14, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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