Muhlenhaupt v. Commissioner of Social Security

Filing 15

ORDER TO SHOW CAUSE signed by Magistrate Judge Craig M. Kellison on 1/12/2017 ORDERING the plaintiff to show cause in writing, within 30 days, why this action should not be dismissed for failure to file a dispositive motion; WARNING the plaintiff that a failure to respond to this order may result in the dismissal of this action for the reasons outlined, as well as for failure to prosecute and comply with court rules and orders. (Michel, G.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES MUHLENHAUPT,

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Plaintiff,

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No. 2:15-cv-2336-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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Plaintiff, who is proceeding with retained counsel, 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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Pursuant to the court’s scheduling order, plaintiff is required to prosecute this action by either

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seeking voluntary remand or filing a dispositive motion within 45 days from the date of service

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of the administrative record by defendant. Plaintiff was warned that failure to comply may result

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in dismissal of this action for lack of prosecution and failure to comply with court rules and

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orders. See Local Rule 110. A review of the docket reflects that the answer and certified

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administrative record were served on July 13, 2016. To date, plaintiff has not filed a dispositive

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motion.

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Plaintiff shall show cause in writing, within 30 days of the date of this order, why

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this action should not be dismissed for failure to file a dispositive motion. Plaintiff is again

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warned that failure to respond to this order may result in dismissal of the action for the reasons

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outlined above, as well as for failure to prosecute and comply with court rules and orders. See id.

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IT IS SO ORDERED.

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DATED: January 12, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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