Clark v. Commissioner of Social Security

Filing 20

ORDER signed by Magistrate Judge Craig M. Kellison on 11/18/13 ORDERING that the findings and recommendations filed 11/6/13, are vacated; Plaintiff shall file his motion for summary judgment and/or remand within 45 days of this order; and the remainder of the scheduling order is modified accordingly. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD M. CLARK, JR.,

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No. 2:12-CV-2550-MCE-CMK PS

Plaintiff,
vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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/

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Plaintiff, who is proceeding in propria persona, 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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On November 6, 2013, the court issued findings and recommendations that this

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action should be dismissed for lack of prosecution and failure to comply with court rules and

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orders. Plaintiff has filed objections to the findings and recommendations, indicating the delay

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was inadvertent and due to his lack of understanding.

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As such, the undersigned will vacate the findings and recommendations, and

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allow plaintiff additional time to file his motion for summary judgment and/or remand, or to

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request a voluntary remand if he has new evidence outside the evidentiary record. Plaintiff is

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referred to the Scheduling Order (Doc. 5), filed November 14, 2012, for additional information.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The findings and recommendations filed November 6, 2013, are vacated;

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2.

Plaintiff shall file his motion for summary judgment and/or remand within

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45 days of this order; and
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The remainder of the scheduling order is modified accordingly.

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DATED: November 18, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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