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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RHOANNA LYN BROWN-BORGES, 12 Plaintiff, 13 14 No. 2:16-CV-2119-CMK vs. ORDER COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 / 17 18 Plaintiff, who is proceeding with retained counsel, brings this action under 19 42 U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security. 20 Pursuant to the court’s scheduling order, plaintiff is required to prosecute this action by either 21 seeking voluntary remand or filing a dispositive motion within 45 days from the date of service 22 of the administrative record by defendant. Plaintiff was warned that failure to comply may result 23 in dismissal of this action for lack of prosecution and failure to comply with court rules and 24 orders. See Local Rule 110. On June 21, 2017, the court granted the parties’ stipulated request 25 to extend the deadline to file a dispositive motion to August 2, 2017. To date, plaintiff has not 26 filed a dispositive motion. 1 1 Plaintiff shall show cause in writing, within 30 days of the date of this order, why 2 this action should not be dismissed for failure to file a dispositive motion. Plaintiff is again 3 warned that failure to respond to this order may result in dismissal of the action for the reasons 4 outlined above, as well as for failure to prosecute and comply with court rules and orders. See id. 5 IT IS SO ORDERED. 6 7 8 9 DATED: September 18, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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