Mojarro v. Commissioner of Social Security

Filing 13

ORDER to SHOW CAUSE Why This Action Should Not be Dismissed for Plaintiff's Failure to Prosecute: Plaintiff is HEREBY ORDERED to SHOW CAUSE why this action should not be dismissed for Plaintiffs failure to comply with the Courts scheduling ord er and Plaintiffs failure to prosecute this action. Plaintiff shall file a written response to this order to show cause no later than October 18, 2016. Plaintiff is forewarned that failure to respond to this order to show cause will result in the dismissal of this action. signed by Magistrate Judge Barbara A. McAuliffe on 10/11/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE LUIS MOJARRO,
Plaintiff,

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Case No. 1:15-cv-1692-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 October 18, 2016
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Defendant.

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On November 6, 2015, Plaintiff Jose Luis Mojarro (“Plaintiff”) filed the complaint in this

18 action. (ECF No. 1.) On November 12, 2015, this Court entered a scheduling order in this
19 action. (Doc. 7). Pursuant to the Court’s scheduling order, Plaintiff is required to prosecute this
20 action by either seeking voluntary remand or filing a dispositive motion within 95 days from the
21 date of service of the administrative record by Defendant. Plaintiff was warned that failure to
22 comply may result in dismissal of this action for lack of prosecution and failure to comply with
23 court rules and orders. See Local Rule 110.
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A review of the docket reveals that the administrative record was filed on March 29,

25 2016. (Doc. 12). Plaintiff’s opening brief was therefore due no later than July 5, 2016. To date,
26 Plaintiff has not filed his opening brief.
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Accordingly, Plaintiff is HEREBY ORDERED to SHOW CAUSE why this action should

28 not be dismissed for Plaintiff’s failure to comply with the Court’s scheduling order and

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1 Plaintiff’s failure to prosecute this action. Plaintiff shall file a written response to this order to
2 show cause no later than October 18, 2016. Plaintiff is forewarned that failure to respond to this
3 order to show cause will result in the dismissal of this action.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 11, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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