Lucas v. Commissioner of Social Security

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 5/13/15. Plaintiff shall show cause in writing no later than 6/19/15 at 4:30 p.m. as to why this action should not be dismissed for lack of prosecution. If Plaintiff fails to timely respond to this order, the Clerk is directed to dismiss this case without prejudice without the need for further action from the court or any party. (Manzer, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY KENT LUCAS,

12

Plaintiff,

13
14
15
16

v.

No. 2:14-cv-2804 AC

ORDER

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

17
18

Plaintiff, proceeding in forma pauperis, seeks judicial review of a final decision of the

19

Commissioner of Social Security (“Commissioner”), denying his application for a period of

20

disability and disability insurance benefits (“DIB”) under Title II of the Social Security Act. ECF

21

No. 1. Defendant Commissioner filed a motion to dismiss, asserting that plaintiff’s complaint is

22

barred by the applicable statute of limitations. ECF No. 13. The court ordered plaintiff to file an

23

opposition, or a statement of non-opposition, no later than May 7, 2015. ECF No. 14. The time

24

for plaintiff’s response has expired, but he has not opposed the motion to dismiss, nor otherwise

25

responded to the court’s order.

26

Accordingly, IT IS HEREBY ORDERED that:

27

1. Plaintiff is ORDERED TO SHOW CAUSE, in writing no later than June 19, 2015 at

28

4:30 p.m., why this action should not be dismissed for lack of prosecution; and
1

1

2. If plaintiff fails to timely respond to this order, the Clerk of the Court is directed to

2

dismiss this case, without prejudice, for lack of prosecution, without the need for further action

3

from the court or any party.

4

DATED: May 13, 2015

5
6
7
8
9
10
11

AC:luca2804.OSC.njc

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2