Washington v. Office of Disability Adjudication and Review et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/4/2017 ORDERING that plaintiff shall file a motion for summary judgment that complies with the scheduling order no later than 2/10/2017. Failure to comply with this order shall result in a recommendation that the action be dismissed without prejudice. The time for filing opposition and reply shall be adjusted accordingly. The Clerk of Court is directed to re-serve a copy of the 6 scheduling order on plaintiff. (Zignago, K.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELISSA WASHINGTON, 12 Plaintiff, 13 14 15 No. 2:16-cv-0925 TLN CKD PS v. ORDER CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 16 17 Plaintiff has filed a document that she characterizes as a motion for summary judgment. 18 19 Plaintiff was previously advised that while the court looks at the entirety of the administrative 20 record in reviewing plaintiff’s challenge to the Commissioner’s decision, it is incumbent on 21 plaintiff to set forth what errors she believes were committed by the Administrative Law Judge in 22 reaching the determination of nondisability. Other than generic statements to the effect that the 23 Administrative Law Judge did not take into consideration plaintiff’s prior work history and 24 current medical condition, plaintiff sets forth no specific errors committed by the ALJ. Plaintiff’s 25 motion is simply insufficient for meaningful review of the ALJ’s decision by this court. Plaintiff 26 will be granted one final opportunity to file a motion for summary judgment that complies with 27 the requirements set forth in the court’s initial scheduling order. See ECF No. 6 at p. 3. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall file a motion for summary judgment that complies with the scheduling 3 order no later than February 10, 2017. Failure to comply with this order shall result in a 4 recommendation that the action be dismissed without prejudice. 5 2. The time for filing opposition and reply shall be adjusted accordingly. 6 3. The Clerk of Court is directed to re-serve a copy of the scheduling order (ECF No. 6) 7 on plaintiff. 8 Dated: January 4, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 4 washington0925.ss.msj.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?