(SS) Gracia v. Commissioner of Social Security

Filing 18

ORDER to SHOW CAUSE why action should not be dismissed for failure to prosecute signed by Magistrate Judge Barbara A. McAuliffe on 3/11/2025. Show Cause Response due within 14-Days. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FREDDY ADAN GRACIA,
Plaintiff,

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Case No. 1:24-cv-00441-KES-BAM
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

v.
COMMISSIONER OF SOCIAL SECURITY,

FOURTEEN-DAY DEADLINE
Defendant.

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Plaintiff Freddy Adan Gracia (“Plaintiff”) seeks review of the Commissioner of Social

19 Security’s denial of his applications for disability benefits. (Doc. 1.) Plaintiff initiated this
20 action on April 12, 2024, and filed an application to proceed in forma pauperis under 28 U.S.C.
21 § 1915. (Docs. 1, 2.) On April 15, 2024, the Court issued findings and recommendations that
22 recommended Plaintiff’s application for leave to proceed in forma pauperis be denied and
23 Plaintiff be required to pay the $405.00 filing fee in full to proceed with this action. (Doc. 4.)
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While the findings and recommendations remained pending, and prior to the Court

25 issuing a scheduling order, the Commissioner of Social Security filed the administrative record.
26 (Doc. 6.)
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On July 10, 2024, the Court granted the parties’ stipulation allowing Plaintiff an

28 extension of time to July 19, 2024, to file an opening brief. (Doc. 8.) Subsequently, on July 18,

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1 2024, Plaintiff filed a request for leave to file a motion for summary judgment in excess of
2 twenty-five (25) pages. (Doc. 9.)
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On July 19, 2024, the Court issued a minute order informing the parties that the July 10,

4 2024 order granting Plaintiff an extension of time to serve his opening brief was issued in error.
5 (Doc. 11.) The Court noted that Plaintiff’s application for leave to proceed in forma pauperis,
6 along with findings and recommendations recommending that the application be denied,
7 remained pending in the action. Because no scheduling order had been issued, no opening brief
8 was due. (Id.) Concurrently, the Court denied Plaintiff’s request for leave to file a motion for
9 summary judgment greater than 25 pages without prejudice. The Court reiterated that no
10 opening brief (or motion for summary judgment) was due. (Doc. 12.)
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On July 22, 2024, Plaintiff paid the $405.00 filing fee in full. Accordingly, on July 24,

12 2024, the Court vacated the pending findings and recommendations, and denied Plaintiff’s
13 application to proceed in forma pauperis as moot. (Doc. 13.)
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On July 25, 2024, more than seven months ago, the Court issued summons and a

15 Scheduling Order. (Docs. 14, 15.) On the same date, the Court electronically served the
16 Commissioner with the complaint, summons, and new case documents. (Doc. 16.)
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To date, Plaintiff has not filed a motion for summary judgment or taken any action to

18 prosecute this case despite the administrative record previously having been filed. The Court
19 recognizes the procedural irregularity presented here—the payment of the filing fee and issuance
20 of the Scheduling Order after the filing of the administrative record—but that irregularity did not
21 otherwise relieve Plaintiff of his obligation to prosecute this action in a timely manner. If
22 Plaintiff was unclear or confused regarding the deadlines in this action, then he could have met
23 and conferred with the Commissioner’s counsel on a stipulated briefing schedule or requested
24 clarification from the Court.
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Accordingly, Plaintiff is HEREBY ORDERED to SHOW CAUSE why this action should

2 not be dismissed for his failure to prosecute. Plaintiff may comply with this order by filing a
3 written response (or a motion for summary judgment) within fourteen (14) days from the date
4 of this order. Failure to comply with this order will result in a recommendation for
5 dismissal.
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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

March 11, 2025

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UNITED STATES MAGISTRATE JUDGE

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