Flores v. Commissioner of Social Security

Filing 22

ORDER to SHOW CAUSE signed by Magistrate Judge Dennis L. Beck on 8/5/2011. Show Cause Response due by 8/31/2011. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARISOL FLORES,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.

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On October 22, 2010, Plaintiff filed the present action for judicial review of the denial of

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Social Security benefits. On October 25, 2010, the Court issued a Scheduling Order. The

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Scheduling Order states that within 120 days after service, Defendant shall file and serve a copy

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of the administrative record, which shall be deemed an answer to the complaint. The Order also

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provides that within 30 days after service of the administrative record, Plaintiff shall serve on

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Defendant a letter brief outlining why remand is warranted. Defendant shall respond to the letter

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within 35 days. Thereafter, if Defendant does not stipulate to remand, Plaintiff must file and

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serve an opening brief within 30 days of Defendant’s response.

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On February 28, 2011, Defendant filed the administrative record. On June 2, 2011, the

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Court granted attorney Lawrence D. Rohlfing’s motion to withdraw as attorney of record for

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Plaintiff and substituted Plaintiff pro se. The dates in the Scheduling Order were extended 45

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days. Plaintiff’s opening brief was to be filed on or before July 21, 2011. Plaintiff has failed to

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file her opening brief.

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Therefore, Plaintiff is ordered to show cause, if any she has, why this action should not be

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dismissed for failure to comply with the Scheduling Order and the Court’s June 2, 2011 order.

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Plaintiff is ORDERED to file a written response to this Order to Show Cause WITHIN twenty

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(20) days of the date of this Order. If Plaintiff desires more time to file her brief, she should so

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state in her response.

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Failure to respond to this Order to Show Cause will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

August 5, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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