Walker v. Commissioner of Social Security

Filing 13

ORDER to SHOW CAUSE why this action should not be dismissed for failure to prosecute. Response due within 7 days. Signed by Magistrate Judge Stanley A. Boone on 6/18/2014. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES WALKER,

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Case No. 1:13-cv-01669-SAB

Plaintiff,

ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

v.
COMMISSIONER OF SOCIAL SECURITY,

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RESPONSE DUE WITHIN SEVEN DAYS

Defendant.

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On October 16, 2013, Plaintiff James Walker (“Plaintiff”) filed the present action in this

18 court seeking review of the Commissioner’s denial of an application for benefits. On October
19 17, 2013, the Court issued a scheduling order. (ECF No. 5). The scheduling order states that
20 within 95 days from the filing of the administrative record, Plaintiff shall file an opening brief.
21 On November 22, 2013, the parties filed forms consenting to the jurisdiction of the magistrate
22 judge. (ECF Nos. 7, 8.) Defendant lodged the Social Security administrative record on March
23 10, 2014. (ECF No. 9.) More than 95 days have passed and Plaintiff has not filed an opening
24 brief nor sought an extension of time to do so.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff shall file a written response to this order to show cause why this action

27 should not be dismissed for failure to prosecute within seven (7) days of the date of service of
28 this order. Failure to comply with this order to show cause shall result in this action being

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1 dismissed for failure to prosecute.
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IT IS SO ORDERED.
Dated:

June 18, 2014
UNITED STATES MAGISTRATE JUDGE

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