Gonzales v. Commissioner of Social Security

Filing 11

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 August 14, 2017, Plaintiff shall either: a) file a written response to this Order showing cause w hy the Court should not dismiss this action for failure to comply with the Courts Scheduling Order and for want of prosecution; or b) file an Opening Brief. 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 8/3/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DINA GONZALES,
Plaintiff,

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v.
NANCY A. BERRYHILL,

Case No. 1:16-cv-01765-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. 5)
Defendant.
_____________________________________/
On November 21, 2016, Plaintiff, represented by counsel and proceeding in forma

18 pauperis, filed the present action in this Court.

(Doc. 1.)

Plaintiff seeks review of the

19 Commissioner’s denial of her application for benefits. (Doc. 1.)
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The Court entered a Scheduling Order on November 22, 2016. (Doc. 5.) Pursuant to the

21 Scheduling Order, Plaintiff’s Opening Brief was due July 11, 2017—95 days from service of the
22 administrative record on April 7, 2017 (Doc. 9). (See Doc. 5.) On July 11, 2017, Plaintiff failed
23 to file and serve her Opening Brief with the Court and on opposing counsel. (See Docket.)
24 Plaintiff is, therefore, ordered to show cause, if any, why the action should not be dismissed for
25 failure to comply with the Court’s Scheduling Order and for want of prosecution. (Doc. 5.)
26 Alternatively, Plaintiff may file an 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 August 14, 2017, 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.

9 Dated:
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August 3, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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