Boen v. Commissioner of Social Security

Filing 10

ORDER to SHOW CAUSE. Plaintiff shall either: a) SHOW CAUSE, by filing a written statement, why his case should not be recommended for dismissal for failure to comply with the Court's scheduling order; or b) File an opening brief on or before Feb ruary 24, 2012; and Defendant shall file a status report on or before February 21, 2012, informing the Court whether the confidential letter briefs were served and the dates on which service was accomplished. Order signed by Magistrate Judge Sheila K. Oberto on 2/15/2012. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALVIN R. BOEN,
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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_____________________________________ )

Case No.: 1:11-cv-00898-SKO

ORDER TO SHOW CAUSE

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Plaintiff Alvin R. Boen ("Plaintiff") filed a complaint against the Commissioner of Social

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Security ("Defendant") on June 2, 2011. Plaintiff is proceeding in forma pauperis and without

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counsel. Pursuant to the scheduling order issued on June 3, 2011, Defendant served the Social

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Security Administrative Transcript on Plaintiff on October 5, 2011. (Doc. 9.)

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Following service of the Administrative Transcript and pursuant to the scheduling order,

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Plaintiff was required to serve on Defendant a confidential letter brief within 30 days from the date

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of service of the transcript, i.e., on or before November 7, 2011.1 In response to Plaintiff's

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confidential letter brief, Defendant was to serve on Plaintiff a confidential letter brief on or before

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December15, 2011. The parties were to file a joint motion for remand within 15 days after

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Defendant served a confidential letter brief if the parties agreed to a remand. If the parties did not

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All computation of dates incorporate Federal Rule of Civil Procedure 6(d) and 5(b)(2)(C).

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agree to a remand, Plaintiff was to file his opening brief with the Court within 30 days after

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Defendant served the confidential letter brief. Accordingly, the last date for Plaintiff to file an

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opening brief was January 17, 2012.

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On January 17, 2012, Plaintiff failed to timely file an opening brief with the Court and no
opening brief has been filed to date.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff shall either:
a.

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SHOW CAUSE, by filing a written statement, why his case should not be
recommended for dismissal for failure to comply with the Court's scheduling

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order; or

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b.

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2.

File an opening brief on or before February 24, 2012; and

Defendant shall file a status report on or before February 21, 2012, informing the

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Court whether the confidential letter briefs were served and the dates on which

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service was accomplished.

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IT IS SO ORDERED.

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Dated:
ie14hj

February 15, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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