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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 HELEN MARIE WOODS, Plaintiff, 11 For the Northern District of California United States District Court 10 12 No. C 11-00351 JSW v. ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE MICHAEL J. ASTRUE, 13 Defendant. / 14 15 On January 24, 2011, Plaintiff filed a complaint appealing the denial of social security 16 benefits. The Court granted Plaintiff’s application to proceed in forma pauperis, and the 17 defendant was served. On June 23, 2011, the Defendant filed an answer.1 Under the Social 18 Security Procedural Order issued on January 24, 2011, Plaintiff’s motion for summary judgment 19 was due thirty days after service of Defendant’s answer. (See Docket No. 2.) Plaintiff has not 20 filed a motion for summary judgment. 21 Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE why this case 22 should not be dismissed for failure to prosecute. Plaintiff’s response to this Order to Show 23 Cause shall be due by November 18, 2011. If Plaintiff intends to file a motion for summary 24 judgment, she must show good cause for her failure to comply with the scheduling order in this 25 case. If Plaintiff fails to file a response to this Order to Show Cause by November 18, 2011, 26 27 the Court shall dismiss this case without prejudice without further notice to Plaintiff. The Court 28 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. 1 1 advises Plaintiff that the Handbook for Pro Se Litigants, contains helpful information about 2 proceeding without an attorney, is available through the Court’s website or in the Clerk’s office. 3 The Court also advises Plaintiff that he also may wish to seek assistance from the Legal Help 4 Center. Plaintiff may call the Legal Help Center at 415-782-9000, extension 8657, or sign up 5 on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney who 6 may be able to provide basic legal help, but not legal representation. 7 8 IT IS SO ORDERED. Dated: JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HELEN MARIE WOODS, Case Number: CV11-00351 JSW 8 Plaintiff, CERTIFICATE OF SERVICE 9 v. 10 Defendant. For the Northern District of California United States District Court MICHAEL J. ASTRUE et al, 11 12 / 13 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. 17 18 19 Helen Marie Woods 1179 8th Street 20 Oakland, CA 94607 21 Dated: November 4, 2011 22 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 23 24 25 26 27 28 3

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