Rodriguez v. Commissioner of Social Security

Filing 30

ORDER RE: PLAINTIFF'S "MOTION" FILED APRIL 7, 2010; DECLINING TO DISCHARGE ORDER TO SHOW CAUSE; DIRECTING PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT. Plaintiff is directed to file, no later than April 23, 2010, his motion for summary judgment. Signed by Judge Maxine M. Chesney on April 9, 2010. (mmclc1, COURT STAFF) (Filed on 4/9/2010)

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 RE: PLAINTIFF'S "MOTION" FILED APRIL 7, 2010; DECLINING TO DISCHARGE ORDER TO SHOW CAUSE; DIRECTING PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT / 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

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. Because plaintiff had not 21 filed a motion for summary judgment as of March 12, 2010, the Court, by order filed April 1, 22 2010, directed plaintiff to show cause, no later than April 23, 2010, why the above-titled 23 action should not be dismissed for failure to prosecute. In the April 1, 2010 order, the Court 24 stated that "[t]o show good cause, plaintiff must file his motion for summary judgment, along 25 with a declaration explaining why such motion was not filed within the time required by the 26 Court's prior orders." (See April 1, 2010 Order at 1:28 - 2:3.) 27 On April 7, 2010, plaintiff filed a document titled "Motion," in which plaintiff states he

28 was unable to file a motion for summary judgment within the time required by the Court's

1 prior orders because he was in custody. 2 Plaintiff's explanation is sufficient to explain why he did not file a motion for summary

3 judgment on or before March 12, 2010. Plaintiff has not, however, filed a motion for 4 summary judgment, and, consequently, the Court declines to discharge the April 1, 2010 5 order to show cause. 6 Plaintiff is hereby DIRECTED to file, no later than April 23, 2010, his motion for

7 summary judgment. As was explained in the Court's orders of January 28, 2010 and 8 February 25, 2010, plaintiff, in his motion for summary judgment, shall set forth all 9 arguments in support of his position that the administrative law judge's decision of February 10 23, 2007 is erroneous. In particular, plaintiff must identify in his motion for summary 11 judgment what finding or findings included in the decision of February 23, 2007 are 12 erroneous, and set forth his argument as to why any such finding is erroneous. 13 If plaintiff fails to file a motion for summary judgment on or before April 23, 2010, the

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