Calixtro v. Commissioner of Social Security

Filing 28

ORDER to SHOW CAUSE for Failure to File Opening Brief as Directed by the Court re 27 signed by Magistrate Judge Gary S. Austin on 2/23/2015. Show Cause Response due by 3/25/2015. (Martinez, A)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

MARGARITA CALIXTRO,

13
14
15
16
17

Case No.: 1:13-cv-01880-GSA

Plaintiff,
v.
CAROLYN COLVIN, Acting
Commissioner of Social Security,

ORDER TO SHOW CAUSE FOR
FAILURE TO FILE OPENING BRIEF AS
DIRECTED BY THE COURT

Defendant.
(ECF No. 27)

18
19

Pro se plaintiff Margarita Calixtro (“Plaintiff”) was previously directed to submit an

20

Opening Brief in this case no later than December 19, 2014. ECF No. 24. On December 19, 2014,

21

Plaintiff, through her husband, Alejo Calixtro, filed a short letter with the Court in which Mr.

22

Calixtro provided a summary of Plaintiff’s medical condition. ECF No. 26. On January 9, 2015,

23

the Court notified Plaintiff that Mr. Calixtro’s letter did not constitute an appropriate opening

24

brief and provided instructions on how to submit an opening brief. Plaintiff was directed to file an

25

appropriate opening brief by February 9, 2015 and was warned that a failure to do so could result

26

in the dismissal of her action. ECF No. 27. To date, no brief has been filed.

27
28

Accordingly, Plaintiff is ORDERED to show cause, if any, why this action should not be
dismissed for failure to comply with the Court’s order and/or failure to prosecute her claim.
1

1

Alternatively, Plaintiff may file an appropriate opening brief as previously ordered. If Plaintiff no

2

longer intends to pursue this case, she must advise the Court by filing a Notice of Voluntary

3

Dismissal. The opening brief, explanation for the failure to comply with the Court’s order, or

4

Notice of Voluntary Dismissal shall be filed no later than March 25, 2015. If Plaintiff timely files

5

any of the above, this Order to Show Cause will be vacated. If Plaintiff fails to timely respond to

6

this Order to Show Cause, the action will be dismissed in its entirety.

7
8
9
10

IT IS SO ORDERED.
Dated:

February 23, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2