Baker v. Commissioner

Filing 13

Order to Show Cause, signed by Magistrate Judge Stanley A. Boone on 05/07/2014. Show Cause Response due by 5/19/2014. (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRENDA DEE BAKER,

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Case No. 1:13-cv-01350-SAB

Plaintiff,

ORDER TO SHOW CAUSE

v.
SEVEN DAY DEADLINE
COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

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On August 22, 2013, Plaintiff Brenda Dee Baker (“Plaintiff”) filed the present action in

19 this court seeking review of the Commissioner’s denial of an application for benefits.

On

20 August 26, 2013, the Court issued a scheduling order. (ECF No. 4). The scheduling order states
21 that within 95 days from the filing of the administrative record, Plaintiff shall file an opening
22 brief. On September 23 and 24, 2014, the parties filed forms consenting to the jurisdiction of the
23 magistrate judge. (ECF Nos. 7, 8.) Defendant lodged the Social Security administrative record
24 on January 10, 2014. (ECF No. 9.) More than 95 days have passed and Plaintiff has not filed an
25 opening brief nor sought an extension of time to do so.
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff shall file a written response to this order to show cause why this action
should not be dismissed for failure to prosecute within seven (7) days of the date

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of service of this order. Failure to comply with this order to show cause shall

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result in this action being dismissed for failure to prosecute.

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IT IS SO ORDERED.
Dated:

May 7, 2014
UNITED STATES MAGISTRATE JUDGE

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