Woods v. Astrue

Filing 17

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Signed by Judge Jeffrey S. White on 11/4/11. (jjoS, COURT STAFF) (Filed on 11/4/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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HELEN MARIE WOODS,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-00351 JSW

v.

ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

MICHAEL J. ASTRUE,

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Defendant.
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On January 24, 2011, Plaintiff filed a complaint appealing the denial of social security

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benefits. The Court granted Plaintiff’s application to proceed in forma pauperis, and the

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defendant was served. On June 23, 2011, the Defendant filed an answer.1 Under the Social

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Security Procedural Order issued on January 24, 2011, Plaintiff’s motion for summary judgment

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was due thirty days after service of Defendant’s answer. (See Docket No. 2.) Plaintiff has not

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filed a motion for summary judgment.

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Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE why this case

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should not be dismissed for failure to prosecute. Plaintiff’s response to this Order to Show

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Cause shall be due by November 18, 2011. If Plaintiff intends to file a motion for summary

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judgment, she must show good cause for her failure to comply with the scheduling order in this

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case.
If Plaintiff fails to file a response to this Order to Show Cause by November 18, 2011,

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the Court shall dismiss this case without prejudice without further notice to Plaintiff. The Court

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On July 5, 2011, the Court granted Defendant’s ex parte application for an
extension of time to file its answer, but at that point the answer was already on file.
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advises Plaintiff that the Handbook for Pro Se Litigants, contains helpful information about

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proceeding without an attorney, is available through the Court’s website or in the Clerk’s office.

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The Court also advises Plaintiff that he also may wish to seek assistance from the Legal Help

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Center. Plaintiff may call the Legal Help Center at 415-782-9000, extension 8657, or sign up

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on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney who

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may be able to provide basic legal help, but not legal representation.

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IT IS SO ORDERED.
Dated:
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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HELEN MARIE WOODS,

Case Number: CV11-00351 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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Defendant.
For the Northern District of California

United States District Court

MICHAEL J. ASTRUE et al,
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
14 District Court, Northern District of California.
15 That on November 4, 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
16 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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19 Helen Marie Woods
1179 8th Street
20 Oakland, CA 94607
21 Dated: November 4, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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