Johnson v. Comissioner of Social Security

Filing 21

ORDER DISCHARGING THE ORDER TO SHOW CAUSE Dated August 15, 2013 15 , signed by Magistrate Judge Jennifer L. Thurston on 9/27/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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HUGH C. JOHNSON,

Case No.: 1:12-cv-01881 - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED AUGUST 15, 2013
(Doc. 15)

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On August 15, 2013, the Court issued an order to show cause to Plaintiff why the action should

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not be dismissed for his failure to comply with the Court’s Scheduling Order by serving Defendant with

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a confidential letter brief, and his failure to prosecute the action. (Doc. 15). The Court ordered

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Plaintiff to either show cause or serve Defendant with a confidential letter brief on or before August 30,

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2013. Id. at 2. Plaintiff filed a response to the order on August 28, 2013, in which he reported he “was

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under the impression that all necessary parties and paper work had been received.” (Doc. 16 at 1).

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Given Plaintiff’s misunderstanding that all documents necessary had been completed, and his

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pro se status, the Court extended the deadline for Plaintiff to comply with the terms of the Court’s

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orders to serve Defendant with a confidential letter brief. (Doc. 18). Plaintiff was ordered to serve

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Defendant with a confidential letter brief on or before September 20, 2013 and file a proof of service

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with the Court. Id. at 2. In addition, Defendant was ordered to inform the Court whether or not the

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confidential brief was received no later than September 27, 2013. Id.
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On September 20, 2013, Plaintiff filed a certificate of service (Doc. 19), and Defendant has

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confirmed receipt of a confidential letter brief. (Doc. 20). Accordingly, Plaintiff has complied with the

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terms of the Court’s orders, and the order to show cause dated August 15, 2013 (Doc. 14) is

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DISCHARGED.

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IT IS SO ORDERED.
Dated:

September 27, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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