Davis v. Commissioner of Social Security

Filing 11

ORDER Requiring Defendant To File Copy Of Administrative Record Within Fourteen Days, signed by Magistrate Judge Stanley A Boone on 3/1/2013. (Filing Admistrative Record Deadline: 3/18/2013) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALONZO GEORGE DAVIS,

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CASE NO. 1:12-cv-01763-SAB

Plaintiff,
ORDER REQUIRING DEFENDANT TO
FILE COPY OF ADMINISTRATIVE
RECORD WITHIN FOURTEEN DAYS

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

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Defendant.
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/

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On October 29, 2012, Plaintiff filed the present action in this court seeking review of the

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Commissioner’s denial of an application for benefits.

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scheduling order. (ECF No. 7). 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. On November 28, 2012, Plaintiff returned an executed copy of the summons

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showing that Defendant was served by certified mail on November 19, 2012. (ECF No. 8.) More

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than 120 days have passed and Defendant has not filed a copy of the administrative record or

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otherwise responded to the service of the complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

On November 1, 2012, the Court issued a

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Within fourteen days from the date of service of this order, Defendant shall file and
serve a copy of the administrative record;

2.

Failure to respond to this order could result in the imposition of sanctions, up to an
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including an entry of default; and
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Because Defendant has not yet appeared in this action, the Clerk of the Court

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is directed to serve a copy of this order on those parties listed in Plaintiff’s proof

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of service (see ECF No. 8).

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IT IS SO ORDERED.

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Dated:
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March 1, 2013
UNITED STATES MAGISTRATE JUDGE

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