Schlyter v. Commissioner of Social Security

Filing 21

ORDER that Plaintiff file a written statement showing cause why case should not be dismissed or that Plaintiff file an opening brief. Order signed by Magistrate Judge Sheila K. Oberto on 6/11/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA LEE SCHLYTER,

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Plaintiff,

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v.
NANCY A. BERRYHILL,

Case No. 1:16-cv-01710-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. 10)
Defendant.
_____________________________________/
On November 9, 2016, Plaintiff, represented by counsel and proceeding in forma pauperis,

18 filed the present action in this Court. (Doc. 1.) Plaintiff seeks review of the Commissioner’s
19 denial of her application for benefits. (Doc. 1.)
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The Court entered a Scheduling Order on February 17, 2017. (Doc. 10.) Pursuant to the

21 Scheduling Order, Plaintiff’s Opening Brief was due June 1, 2018—95 days from service of the
22 administrative record on February 26, 2018 (Doc. 18). (See Doc. 10.) On June 1, 2018, Plaintiff
23 failed to file and serve her Opening Brief with the Court and on opposing counsel, and, to date, no
24 Opening Brief has been filed and served. (See Docket.) Plaintiff is, therefore, ordered to show
25 cause, if any, why the action should not be dismissed for failure to comply with the Court’s
26 Scheduling Order and for want of prosecution. (Doc. 10.) Alternatively, Plaintiff may file an
27 Opening Brief.
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Accordingly, it is HEREBY ORDERED that:

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1.

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By no later than June 15, 2018, Plaintiff shall either:
a.

file a written response to this Order showing cause why the Court should

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not dismiss this action for failure to comply with the Court’s Scheduling

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Order and for want of prosecution; or

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b.

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file an Opening Brief.

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

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IT IS SO ORDERED.

10 Dated:
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June 11, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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