Pierce v. Commissioner of Social Security

Filing 15

ORDER to SHOW CAUSE Why This Action Should Not Be Dismissed for Plaintiff's Failure to Prosecute. Plaintiff shall file a written response to this order to show cause no later than February 4, 2016. signed by Magistrate Judge Barbara A. McAuliffe on 1/28/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN PIERCE,
Plaintiff,

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Case No. 1:14-cv-1687-BAM
ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED
FOR PLAINTIFF’S FAILURE TO
PROSECUTE

v.
COMMISSIONER OF SOCIAL SECURITY,

RESPONSE DUE February 4, 2016
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Defendant.

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On October 28, 2014, Plaintiff Steven Pierce (“Plaintiff”) filed the complaint in this
action and the Court issued a scheduling order. (Docs. 1, 6). Pursuant to the Court’s scheduling
order, Plaintiff is required to prosecute this action by either seeking voluntary remand or filing an
opening brief within 60 days from the date of service of the confidential letter brief. Plaintiff
was warned that failure to comply may result in dismissal of this action for lack of prosecution
and failure to comply with court rules and orders. See Local Rule 110.
A review of the docket, including Plaintiff’s belated motion for an extension of time to
file his confidential letter brief, reflects that Plaintiff’s letter brief was submitted on July 17,
2015. Plaintiff’s opening brief was therefore due no later than September 21, 2015. To date,
Plaintiff has not filed his opening brief.
Accordingly, Plaintiff is HEREBY ORDERED to SHOW CAUSE why this action should

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1 not be dismissed for Plaintiff’s failure to comply with the Court’s scheduling order and
2 Plaintiff’s failure to prosecute this action. Plaintiff shall file a written response to this order to
3 show cause no later than February 4, 2016. Plaintiff is forewarned that failure to respond to this
4 order to show cause will result in the dismissal of this action.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 28, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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