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.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLAUDIA BAYHI,

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No. 2:16-cv-2273 DB

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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The Scheduling Order filed in this case on October 3, 2016, required plaintiff to file a

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motion for summary judgment and/or remand within 45 days from being served with a copy of

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the administrative record. (ECF No. 5 at 1-2.)

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plaintiff on February 2, 2017. (ECF No. 13.) After plaintiff failed to file a timely motion for

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summary judgment and/or remand, on September 12, 2017, the court issued an order to show

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cause to plaintiff. (ECF No. 16.)

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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.)

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Therein, plaintiff states that “[t]he reason for the delay in filing [a] motion for summary judgment

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is a simple one,” explaining that plaintiff is “not an attorney,” and cannot “afford an attorney at

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this stage of the case.” (Id. at 2.) Although the court is cognizant of the difficulties faced by pro

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se litigants, this action cannot proceed in the absence of plaintiff’s motion for summary judgment
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and/or remand.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within 21 days of the date of this order, plaintiff shall file a motion for summary

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judgment and/or remand; and
2. Plaintiff is cautioned that the failure to comply with this order may result in an order

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dismissing this action.

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Dated: October 3, 2017

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DLB:6
DB\orders\orders.soc sec\bayhi2273.pmsj.ord

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