Moore v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 1/9/15 denying 16 Motion for Judgment without prejudice as premature. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNEISHA MOORE,

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Plaintiff,

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v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Presently pending before the court is plaintiff’s “request for judgment.” (ECF No. 16.)

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No. 2:14-cv-0820-KJN

Plaintiff proceeds in this action without counsel.

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Pursuant to the court’s scheduling order (ECF No. 5), plaintiff’s “request for judgment,”

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liberally construed as a motion for summary judgment, is premature, because the Commissioner

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has not yet filed and served the administrative record. Therefore, the court denies the motion

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without prejudice as premature and will not consider the contents of that motion. After the

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Commissioner files the administrative record, plaintiff may file a motion for summary judgment

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in accordance with the requirements and deadlines set forth in the court’s scheduling order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s “request for judgment” (ECF No. 16) is denied without prejudice as
premature.

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2. The Clerk of Court shall serve another copy of the court’s previous scheduling order
(ECF No. 5) on plaintiff by mail.
IT IS SO ORDERED.
Dated: January 9, 2015

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