Harper v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 8/24/2011 ORDERING Plantiff to SHOW CAUSE in writing within 30 days as to why this action should not be dismissed for failure to file a dispositive motion. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GEORGE HARPER,

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Plaintiff,

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No. CIV S-10-2819-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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Plaintiff, who is proceeding with retained counsel, brings this action for judicial

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review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).

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Pursuant to the court’s scheduling order, plaintiff is required to prosecute this action by either

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seeking voluntary remand or filing a dispositive motion within 45 days from the date of service

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of the administrative record by defendant. That due date was extended by stipulated order to

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August 12, 2011. Plaintiff was warned that failure to comply may result in dismissal of this

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action for lack of prosecution and failure to comply with court rules and orders. See Local Rule

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110. To date, plaintiff has not filed a dispositive motion.

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Plaintiff shall show cause in writing, within 30 days of the date of this order, why

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this action should not be dismissed for failure to file a dispositive motion. Plaintiff is again

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warned that failure to respond to this order may result in dismissal of the action for the reasons

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outlined above, as well as for failure to prosecute and comply with court rules and orders. See id.

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IT IS SO ORDERED.

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DATED: August 24, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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