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