Mattingly v. Commissioner of Social Security

Filing 15

ORDER to SHOW CAUSE Why the Action Should Not Be Dismissed: Plaintiff shall file a written response to this order to show cause no later than May 5, 2017. 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 5/1/2017. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER TO SHOW CAUSE WHY THE
ACTION SHOULD NOT BE DISMISSED

Plaintiff,

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Case No. 1:16-cv-770-BAM

BRETT ALAN MATTINGLY,

v.
RESPONSE DUE: May 5, 2017

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COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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On June 3, 2016, Plaintiff Brett Mattingly filed a complaint seeking review of the

18 Commissioner’s denial of his social security benefits. On June 6, 2016, this Court entered a
19 scheduling order in this action. (Doc. 5). Pursuant to the Court’s scheduling order, Plaintiff is
20 required to file his opening brief within thirty (30) days of service of the respondent’s
21 confidential letter brief. Plaintiff was warned that failure to comply with the Court’s scheduling
22 order 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 Defendant’s response to Plaintiff’s confidential letter

25 brief was served on March 20, 2017. (Doc. 14). Plaintiff’s opening brief was therefore due no
26 later than April 19, 2017.

That deadline has now passed, and Plaintiff has not filed the

27 anticipated motion.
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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 May 5, 2017. 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.

7 Dated:

/s/ Barbara

May 1, 2017

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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