Blueford v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 6/24/2019 DISCHARGING 20 Order to Show Cause and GRANTING 21 Motion for Extension of Time. Plaintiff must file a motion for summary judgment or notice of voluntary remand by 8/26/2019. Failure to do so will result in the case being dismissed for failure to prosecute. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES BLUEFORD,

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Plaintiff,

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No. 2:18-cv-00342 AC

v.

ORDER

ANDREW M. SAUL, Commissioner of
Social Security,1
Defendant.

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Plaintiff is proceeding in this social security action pro se. The case was accordingly

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referred to the undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(15), (21). Plaintiff filed his

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social security complaint on February 13, 2018. ECF No. 1. On February 14, 2018, a scheduling

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order was issued directing plaintiff to file a motion for summary judgment and/or remand within

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45 days of being served with a copy of the administrative record. ECF No. 5 at 2. The

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administrative record was lodged and served on plaintiff on October 16, 2018. ECF Nos. 17, 18.

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For seven months thereafter, plaintiff took no action in this case.
On June 4, 2019, the court issued an order to show cause why the action should not be

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dismissed for failure to prosecute, stating that plaintiff’s filing of a motion for summary judgment

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Andrew M. Saul is substituted as defendant pursuant to Fed. R. Civ. P. 25(d).
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by July 3, 2019 would discharge the order. ECF No. 20. On June 21, 2019, plaintiff responded

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to the order to show cause, requesting a 60-day extension to find an attorney to represent him.

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ECF No. 21.

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Despite the already substantial delay in prosecuting this case, the court will grant plaintiff

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an extension of 60 days to file a motion for summary judgment or notice of voluntary remand. A

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60-day extension is unusually generous. Therefore, plaintiff is cautioned that no further

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extensions will be granted, in light of the age of this case. If plaintiff fails to file a motion for

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summary judgment and/or notice of voluntary remand within this timeframe, with or without the

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assistance of counsel, the case will be dismissed for failure to prosecute.

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It is hereby ORDERED that the order to show cause (ECF No. 20) is discharged;

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plaintiff’s motion for an extension of time (ECF No. 21) is GRANTED; and plaintiff must file a

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motion for summary judgment or notice of voluntary remand by Monday, August 26, 2019.

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Failure to do so will result in the case being dismissed for failure to prosecute.

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DATED: June 24, 2019

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