Jordan v. Commissioner of Social Security

Filing 8

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 3/5/15 ORDERING that plaintiff shall show cause in writing within 14 days of the date of this order why this action should not be dismissed pursuant to FRCP (41)(b) for failure to prosecute. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMECA T. JORDAN,

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No. 2:14-cv-02992-AC

Plaintiff,
v.

ORDER TO SHOW CAUSE

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

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Plaintiff is proceeding in this action in pro per. On December 30, 2014, the

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Commissioner of Social Security (“the Commissioner”) removed this matter from Sacramento

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Superior Court. ECF No. 1. In the Commissioner’s notice of removal, she argued that plaintiff’s

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complaint constitutes an appeal from her denial of social security benefits. Id. at 2. On the same

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day the Commissioner filed an ex parte application requesting an extension of time to file a

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responsive pleading. ECF No. 4. On January 5, 2015, the court issued an order requiring

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plaintiff to file an amended complaint within thirty (30) days. ECF No. 5. The court’s order

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explained that it could not treat plaintiff’s state court complaint as a social security appeal

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because it contained too few factual allegations. Id. On January 7, 2015, the court denied the

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Commissioner’s ex parte application as moot. ECF No. 6. Plaintiff has yet to file an amended

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complaint.
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Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in writing within

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fourteen (14) days of the date of this order why this action should not be dismissed pursuant to

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Federal Rule of Civil Procedure 41(b) for failure to prosecute.

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DATED: March 5, 2015

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