Todd v. Commissioner of Social Security

Filing 13

ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 5/10/2017 ORDERING No later than 6/12/2017, plaintiff shall show cause in writing why this action should not be dismissed based on plaintiff's failure to file a motion for summary judgment and prosecute this case. No later than 6/12/2017, plaintiff shall file a motion for summary judgment that meets the requirements of the court's 10/21/2016 scheduling order. No later than 6/12/2017, plaintiff shall file a br ief statement indicating whether or not he consents to the jurisdiction of a U.S. magistrate judge for all purposes pursuant to 28:636(c). Failure to timely respond to the order to show cause and to timely file a motion for summary judgment may result in dismissal of the action pursuant to FRCP 41(b). The Clerk of Court shall serve another copy of the courts 10/21/2017 scheduling order (ECF No. 4 ) on plaintiff along with a copy of this order.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOBY JO TODD,

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No. 2:16-cv-2498-KJN
Plaintiff,

v.

ORDER AND

COMMISSIONER OF SOCIAL
SECURITY,

ORDER TO SHOW CAUSE

Defendant.

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Plaintiff, proceeding without counsel, initially commenced this social security action on

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October 19, 2016. (ECF No. 1.) Pursuant to the court’s October 21, 2016 scheduling order,

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plaintiff was required to file a motion for summary judgment and/or remand within 45 days from

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being served with a copy of the administrative record. (ECF No. 4.) On February 14, 2017, the

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Commissioner lodged the administrative record and served it on plaintiff by U.S. mail. (ECF

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Nos. 10, 11.) However, to this date, plaintiff has not yet filed a motion for summary judgment.

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The court has considered whether sanctions should be imposed against plaintiff.

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However, in light of plaintiff’s pro se status, the court first issues an order to show cause,

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providing plaintiff with an opportunity to explain his failure to file the motion for summary

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judgment. The court also provides plaintiff with an additional opportunity to file a motion for

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summary judgment.
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Furthermore, the court notes that plaintiff has not yet indicated whether or not he consents

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to the jurisdiction of the magistrate judge for all purposes. Therefore, plaintiff is directed to file a

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brief statement indicating whether or not he consents to the jurisdiction of a United States

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magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c). Importantly, plaintiff is under

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no obligation to so consent – plaintiff’s designation merely assists the court in determining how

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the case should be administratively processed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than June 12, 2017, plaintiff shall show cause in writing why this action

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should not be dismissed based on plaintiff’s failure to file a motion for summary

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judgment and prosecute this case.
2. No later than June 12, 2017, plaintiff shall file a motion for summary judgment that
meets the requirements of the court’s October 21, 2016 scheduling order.

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3. No later than June 12, 2017, plaintiff shall file a brief statement indicating whether or

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not he consents to the jurisdiction of a United States magistrate judge for all purposes

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pursuant to 28 U.S.C. § 636(c).

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4. Failure to timely respond to the order to show cause and to timely file a motion for

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summary judgment may result in dismissal of the action pursuant to Federal Rule of

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Civil Procedure 41(b).

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5. The Clerk of Court shall serve another copy of the court’s October 21, 2017

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scheduling order (ECF No. 4) on plaintiff along with a copy of this order.

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IT IS SO ORDERED.
Dated: May 10, 2017

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