Spain v. Commissioner of Social Security

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Gary S. Austin on 2/15/2012. Plaintiff SHALL FILE a written response to this Order to Show Cause WITHIN ten (10) days of the date of this Order.(Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELBERT E. SPAIN,
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Plaintiff,
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v.
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MICHAEL ASTRUE, Commissioner of
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Social Security,
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Defendant.
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_____________________________________ )

1:11-cv-01133 GSA
ORDER TO SHOW CAUSE

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On July 7, 2011, Plaintiff filed the present action in this Court. Plaintiff seeks review of

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the Commissioner’s denial of his application for benefits. (Doc. 1.) On July 8, 2011, the Court

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issued a Scheduling Order. (Doc. 7.) More specifically, the Scheduling Order states that within

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120 days after service, Defendant shall file and serve a copy of the administrative record which

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shall be deemed an answer to the complaint. The Order also provides that within 30 days after

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service of the administrative record, Plaintiff shall serve on Defendant a letter brief outlining why

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remand is warranted which Defendant shall respond to within 35 days. Thereafter, if Defendant

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does not stipulate to remand, within 30 days of Defendant’s response, Plaintiff must file and

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serve an opening brief.

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On November 9, 2011, Defendant lodged the administrative record. (Doc. 12.) Pursuant

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

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February 13, 2011. To date, Plaintiff has failed to file an opening brief.

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Therefore, Plaintiff is ORDERED TO SHOW CAUSE why the action should not be

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dismissed for failure to comply with the Court’s July 8, 2011, Order. Plaintiff SHALL FILE a

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written response to this Order to Show Cause WITHIN ten (10) days of the date of this Order. If

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Plaintiff desires more time to file the opening brief, Plaintiff should so state in his 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

February 15, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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