Rodriguez v. Commissioner of Social Security

Filing 28

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Plaintiff is ordered to show cause, in writing and no later than Friday, April 23, 2010, why the instant action should not be dismissed for failure to prosecute. Signed by Judge Maxine M. Chesney on April 1, 2010. (mmclc1, COURT STAFF) (Filed on 4/1/2010)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 DANIEL RODRIGUEZ, 12 13 v. Plaintiff, No. C 09-2668 MMC ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

14 MICHAEL J. ASTRUE, Commissioner of Social Security 15 Defendant 16 17 18

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In this action, plaintiff, proceeding pro se, seeks judicial review of a decision of the

19 Social Security Administration. By order filed January 28, 2010, plaintiff was directed to file 20 a motion for summary judgment no later than March 12, 2010. By order filed February 25, 21 2010, plaintiff was reminded of his obligation to file a motion for summary judgment no later 22 than March 12, 2010. To date, plaintiff has not filed a motion for summary judgment. 23 In the Court's orders of January 28, 2010 and February 25, 2010, the Court advised

24 plaintiff that the instant action may be dismissed for failure to prosecute if plaintiff failed to 25 file a motion for summary judgment. 26 Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE, in writing and no later

27 than Friday, April 23, 2010, why the instant action should not be dismissed for failure to 28 prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. To show good

1 cause, plaintiff must file his motion for summary judgment, along with a declaration 2 explaining why such motion was not filed within the time required by the Court's prior orders. 3 Plaintiff's response to the Court's order to show cause must be served on defendant's 4 counsel of record. 5 If plaintiff fails to show good cause in the manner set forth above, the Court will

6 dismiss the action for failure to prosecute. 7 8 9 Dated: April 1, 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 MAXINE M. CHESNEY United States District Judge IT IS SO ORDERED.