Sanchez v. Commissioner of Social Security

Filing 15

ORDER That Plaintiff File A Written Statement Showing Cause Why Case Should Not Be Dismissed or That Plaintiff File An Opening Brief. By no later than June 28, 2017, Plaintiff shall either: a) file a written response to this Order to Show Cause; or b) file an opening brief that conforms with the requirements set forth in the Scheduling Order. Failure to respond to this Order to Show Cause will result in dismissal of this action. Order signed by Magistrate Judge Sheila K. Oberto on 6/13/2017. (Timken, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROSE SANCHEZ, Plaintiff, 12 13 14 15 16 17 v. NANCY A. BERRYHILL, Case No. 1:16-cv-01081-SKO ORDER THAT PLAINTIFF FILE A WRITTEN STATEMENT SHOWING CAUSE WHY CASE SHOULD NOT BE DISMISSED OR THAT PLAINTIFF FILE AN OPENING BRIEF Acting Commissioner of Social Security, (Doc. 6) Defendant. _____________________________________/ On July 26, 2016, Plaintiff, represented by counsel and in forma pauperis, filed the present 18 action in this Court. (Doc. 1.) Plaintiff seeks review of the Commissioner’s denial of her 19 application for benefits. (Doc. 1.) 20 On January 17, 2017, Plaintiff filed a stipulation to enlarge the time in which to file her 21 confidential letter brief to March 1, 2017, and that all other deadlines set forth in Scheduling Order 22 (Doc. 6) be modified accordingly. (Doc. 14.) Pursuant to the Scheduling Order, Plaintiff’s 23 opening brief was due 30 days after Defendant’s response to the confidential letter brief, or May 24 15, 2017. (See Doc. 6 at ¶6.) 25 On May 15, 2017, Plaintiff failed to file and serve her opening brief with the Court and on 26 opposing counsel. (See Docket.) Plaintiff is, therefore, ordered to show cause, if any, why the 27 action should not be dismissed for failure to comply with the Court’s Scheduling Order. (Doc. 6). 28 1 Alternatively, Plaintiff may file an opening brief. 2 Accordingly, it is HEREBY ORDERED that: 3 1. By no later than June 28, 2017, Plaintiff shall either: 4 a. file a written response to this Order to Show Cause; or 5 b. file an opening brief that conforms with the requirements set forth in the 6 Scheduling Order. 7 Failure to respond to this Order to Show Cause will result in dismissal of this action. 8 9 IT IS SO ORDERED. 10 Dated: 11 June 13, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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