Person v. Commissioner of Social Security

Filing 21

ORDER Motions due by 6/1/2011.. Signed by Judge Maria-Elena James on 5/3/2011. (cdnS, COURT STAFF) (Filed on 5/3/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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DEXTER PERSON,

No. C 10-03021 MEJ

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Plaintiff,
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v.

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SOCIAL SECURITY COMMISSIONER,

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ORDER SETTING DEADLINE FOR
PLAINTIFF TO FILE MOTION FOR
SUMMARY JUDGMENT AND/OR
REMAND

Defendant.
_____________________________________/

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On July 9, 2010, Plaintiff Dexter Person filed the above-captioned case, seeking review of a
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decision by the Secretary of Health and Human Services denying Social Security benefits.
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Defendant filed an answer on January 25, 2011. Pursuant to the Procedural Order for Social
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For the Northern District of California

UNITED STATES DISTRICT COURT

Security Review Actions issued in this case, Plaintiff was ordered to file a motion for summary
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judgment or remand within 30 days of service of Defendant’s answer. As Plaintiff failed to comply
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with the procedural order, the Court ordered Plaintiff to file a status report by May 19, 2011. (Dkt.
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No. 18.)
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On May 2, 2011, Plaintiff filed a one-page status report in which he lists medications he is
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currently taking, as well as provides information regarding his current medical treatment. (Dkt. No.
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19.) While the Court appreciates Plaintiff’s effort to respond, his current issues are not what this
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case is about. Plaintiff is reminded that the Court’s jurisdiction is limited to reviewing the
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administrative record to determine whether the decision is supported by substantial evidence in the
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record, and whether the Secretary complied with the requirements of the Social Security Act in
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reaching the decision reviewed. (Dkt. No. 3.) Thus, the Court may not consider any evidence
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outside the record, including Plaintiff’s status report. Accordingly, the Court ORDERS Plaintiff to
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file a motion for summary judgment or remand by June 1, 2011. Plaintiff’s motion shall not address
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any evidence that is not part of the administrative record. Plaintiff is hereby warned that failure to
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comply with this Order may result in the dismissal of his case.
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IT IS SO ORDERED.
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Dated: May 3, 2011
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DEXTER PERSON,

Case Number: CV10-03021 MEJ

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Plaintiff,
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CERTIFICATE OF SERVICE
v.

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SOCIAL SECURITY COMMISSIONER et al,
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Defendant.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 3, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Dexter Person
2875 Valencia Way
San Pablo, CA 94806

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Dated: May 3, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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