Bayhi v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 10/03/17 ORDERING that within 21 days, plaintiff shall file a motion for summary judgment and/or remand; and plaintiff is cautioned that the failure to comply with this order may result in an order dismissing this action. (Benson, A.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CLAUDIA BAYHI, 12 13 14 15 16 No. 2:16-cv-2273 DB Plaintiff, v. ORDER NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 17 18 The Scheduling Order filed in this case on October 3, 2016, required plaintiff to file a 19 motion for summary judgment and/or remand within 45 days from being served with a copy of 20 the administrative record. (ECF No. 5 at 1-2.) 21 plaintiff on February 2, 2017. (ECF No. 13.) After plaintiff failed to file a timely motion for 22 summary judgment and/or remand, on September 12, 2017, the court issued an order to show 23 cause to plaintiff. (ECF No. 16.) 24 Defendant served a copy of the record upon On October 2, 2017, plaintiff filed a response to the order to show cause. (ECF No. 17.) 25 Therein, plaintiff states that “[t]he reason for the delay in filing [a] motion for summary judgment 26 is a simple one,” explaining that plaintiff is “not an attorney,” and cannot “afford an attorney at 27 this stage of the case.” (Id. at 2.) Although the court is cognizant of the difficulties faced by pro 28 se litigants, this action cannot proceed in the absence of plaintiff’s motion for summary judgment 1 1 and/or remand. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Within 21 days of the date of this order, plaintiff shall file a motion for summary 4 5 judgment and/or remand; and 2. Plaintiff is cautioned that the failure to comply with this order may result in an order 6 dismissing this action. 7 Dated: October 3, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DLB:6 DB\orders\orders.soc sec\bayhi2273.pmsj.ord 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?