McCallion v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/22/2014 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD McCALLION,

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Plaintiff,

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No. 2:13-cv-1595 CKD PS

v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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The administrative transcript in this action was filed December 3, 2013. Under the

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scheduling order filed August 12, 2013, plaintiff was directed to file a motion for summary

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judgment and/or remand within 45 days from being served with a copy of the administrative

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record. That time has now expired and plaintiff has failed to comply with the court’s scheduling

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order.

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Plaintiff was reminded in the order filed November 7, 2013 of the timeline for filing a

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motion for summary judgment. Plaintiff failed to timely file a motion for summary judgment.

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By order filed February 24, 2014, plaintiff was granted an extension of time to file a motion for

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summary judgment and directed to file a motion for summary judgment no later than March 21,

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2014. Plaintiff responded to that order by requesting appointment of counsel. By order filed

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April 4, 2014, the request for appointment of counsel was denied and plaintiff was directed to file
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a motion for summary judgment no later than April 17, 2014. That time has now expired, and

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plaintiff has not complied with the April 4, 2014 order or otherwise responded to the court’s

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orders directing plaintiff to file a motion for summary judgment.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.
Dated: April 22, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 mccallion.ss.ftc

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