Brown-Borges v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Craig M. Kellison on 9/18/17, ORDERING that Plaintiff shall SHOW CAUSE in writing, within 30 days of the date of this order, why this action should not be dismissed for failure to file a dispositive motion. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RHOANNA LYN BROWN-BORGES,

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Plaintiff,

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No. 2:16-CV-2119-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 under

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42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security.

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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. On June 21, 2017, the court granted the parties’ stipulated request

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to extend the deadline to file a dispositive motion to August 2, 2017. To date, plaintiff has not

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filed a dispositive 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: September 18, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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