Cornwell v. Commissioner of Social Security

Filing 20

ORDER to SHOW CAUSE signed by Magistrate Judge Dennis M. Cota on 3/26/2019 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.(Washington, S)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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No. 2:17-CV-2640-DMC

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REYNARD BYRD CORNWELL,

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ORDER

Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff, who is proceeding with retained counsel, brings this action for judicial
review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g).
A review of the docket reflects plaintiff has made his election regarding

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proceeding for all purposed before a United States Magistrate Judge. Good cause appearing

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therefor, the order to show cause issued on January 18, 2019, is hereby discharged.

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Pursuant to the court’s August 6, 2018, scheduling order, plaintiff is required to

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prosecute this action by either seeking voluntary remand or filing a dispositive motion within 45

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days from the date of service of the administrative record by defendant. Plaintiff was warned that

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failure to comply may result in dismissal of this action for lack of prosecution and failure to

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comply with court rules and orders. See Local Rule 110. A review of the docket reflects that the

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answer and certified administrative record were served on January 16, 2019. To date, more than

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45 days have elapsed and plaintiff has not 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: March 26, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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