Anabeza 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 30, 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 Informational 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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARITO C. ANABEZA,

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Plaintiff,

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v.
NANCY A. BERRYHILL,

Case No. 1:16-cv-01193-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,

(Docs. 7 & 8)
Defendant.
_____________________________________/
On May 25, 2016, Plaintiff, proceeding in pro per 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.)
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The Court entered a Scheduling Order on August 29, 2016 (Doc. 7), setting the deadline

21 for Plaintiff to file her opening brief to “within thirty (30) days of service” of Defendant’s
22 response to Plaintiff’s confidential letter brief. (See id. at ¶ 6.) On August 30, 2016, Plaintiff was
23 served with an Informational Order for Pro Se Litigants. (Doc. 8) The Informational Order
24 detailed Plaintiff’s responsibilities as a pro se litigant, including the substantive requirements of an
25 opening brief and reiterated the deadline for filing the brief. (Doc. 8, p. 2.) Plaintiff was further
26 advised of the deadlines for the Commissioner’s responsive brief and for any reply brief. (Id., p.
27 3.) These deadlines were also set forth on page 3 of the Informational Order which was served on
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1 Plaintiff. (Id.)
Pursuant to the Scheduling Order and the Informational Order, Plaintiff’s opening brief

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3 was due April 24, 2017 -- 95 days from service of the administrative record on January 19, 2017.
4 (Docs. 7 & 8.) On April 24, 2017, Plaintiff failed to file and serve her opening brief with the
5 Court and on opposing counsel. (See Docket.) Plaintiff is, therefore, ordered to show cause, if
6 any, why the action should not be dismissed for failure to comply with the Court’s Scheduling
7 Order and Informational Order. (Docs. 7 & 8.). Alternatively, Plaintiff may file an opening brief.
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Accordingly, it is HEREBY ORDERED that:

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1.

By no later than June 30, 2017, Plaintiff shall either:

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a.

file a written response to this Order to Show Cause; or

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b.

file an Opening Brief that conforms with the requirements set forth in the

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Informational Order.

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Failure to respond to this Order to Show Cause will result in dismissal of this action.

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IT IS SO ORDERED.

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June 13, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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