Kappes v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 7/11/19 ORDERING that within twenty-eight days of the date of this order, Plaintiff shall file a Motion for Summary Judgment; and Plaintiff is cautioned that the failure to timely comply with this order may result in a recommendation that this action be dismissed. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE KAPPES, III,

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No. 2:18-cv-0002 JAM DB PS

Plaintiff,
v.

ORDER

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

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On May 28, 2019, the undersigned issued an order to show cause, ordering plaintiff to

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show cause in writing within fourteen days as to why this case should not be dismissed for lack of

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prosecution due to plaintiff’s failure to file a timely motion for summary judgment. (ECF No.

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15.) The 14-day period passed, and plaintiff did not respond to the court’s order in any manner.

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Accordingly, on June 24, 2019, the undersigned issued findings and recommendations,

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recommending that this action be dismissed due to lack of prosecution. (ECF No. 16.)

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However, on July 8, 2019, plaintiff filed objections to the findings and recommendations.

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(ECF No. 17.) Therein, plaintiff explains that epileptic seizures prevent plaintiff from driving and

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plaintiff was only able to file the complaint “due to the fact that [plaintiff’s] sister was in town . . .

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and was able to drive [plaintiff] to the courthouse[.]” (Id. at 1.) Plaintiff asks that “the court . . .

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allow [plaintiff] to continue” and “advise if any additional paperwork should be needed.” (Id.)
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The undersigned is cognizant of the challenges faced by pro se litigants. Nonetheless, if

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plaintiff is going to continue to prosecute this action, plaintiff must file a motion for summary

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judgment as previously ordered. The motion should state why plaintiff thinks the Administrative

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Law Judge’s decision was wrong, and identify what evidence supports plaintiff’s arguments.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-eight days of the date of this order, plaintiff shall file a motion for

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summary judgment; and
2. Plaintiff is cautioned that the failure to timely comply with this order may result in a
recommendation that this action be dismissed.
DATED: July 11, 2019

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DB\orders\orders.soc sec\kappes0002.pmsj.ord

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