Real v. Commissioner of Social Security

Filing 14

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 6/5/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY LEWIS REAL,

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Plaintiff,

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v.

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NANCY A. BERRYHILL,

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Case No. 1:17-cv-01234-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. 13)

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Defendant.
_____________________________________/

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On September 14, 2017, 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 his application for benefits. (See id.)
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Pursuant to the “Stipulation Extending Briefing Schedule” (the “Stipulation”), Plaintiff’s

21 Opening Brief was due May 29, 2018.1 (See Doc. 13.) On May 29, 2018, Plaintiff failed to file
22 and serve his Opening Brief with the Court and on opposing counsel, and, to date, no Opening
23 Brief has been filed or served. (See Docket.) Plaintiff is, therefore, ordered to show cause, if any,
24 why the action should not be dismissed for failure to comply with the Stipulation and for want of
25 prosecution. Alternatively, Plaintiff may file an Opening Brief.
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The Stipulation was filed pursuant to the Scheduling Order, which permits “a single thirty (30) day extension of any
part of this scheduling order by stipulation of the parties” without Court approval. (Doc. 5-1 ¶ 12.)

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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 Stipulation and for

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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.

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June 5, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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