Sanchez v. Commissioner of Social Security

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Gary S. Austin on 12/20/2011. Plaintiff is ORDERED to file a written response to this Order to Show Cause WITHIN twenty (20) days of the date of this Order.(Bradley, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS A. SANCHEZ,

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, Commissioner,
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Defendant.
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____________________________________)

1:11-cv-607 GSA
ORDER TO SHOW CAUSE

On April 15, 2011, Plaintiff filed the present action in this Court. Plaintiff seeks a review of

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the Commissioner’s denial of his disability benefits. On May 10, 2011, the Court issued a

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Scheduling Order. (Doc. 9). The Scheduling Order states that within 120 days after service,

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Defendant shall file and serve a copy of the administrative record which shall be deemed an answer

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to the complaint. The Order also provides that within 30 days after service of the administrative

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record, Plaintiff shall serve on Defendant a letter brief outlining why remand is warranted which

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Defendant shall respond to within 35 days. Thereafter, if Defendant does not stipulate to remand,

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within 30 days of Defendant’s response, Plaintiff must file and serve an opening brief.

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On or about September 9, 2011, Defendant lodged the administrative record. Pursuant to the

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Scheduling Order, Plaintiff was required to file the opening brief in this Court on or before

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December 13, 2011. To date, Plaintiff has failed to file an opening brief as required. Therefore,

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Plaintiff is ordered to show cause why the action should not be dismissed for failure to comply with

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the Court’s May 10, 2011, order. Plaintiff is ORDERED to file a written response to this Order to

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Show Cause WITHIN twenty (20) days of the date of this Order. If Plaintiff desires more time to

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file the brief, Plaintiff should so state in the response.

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Failure to respond to this Order to Show Cause within the time specified will result in
dismissal of this action.

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IT IS SO ORDERED.
Dated:
6i0kij

December 20, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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