Gray v. Astrue

Filing 16

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. The Court directs plaintiff to show cause in writing, no later than January 22, 2013, why the action should not be dismissed for failure to prosecute. Signed by Judge Maxine M. Chesney on January 2, 2013. (mmclc1, COURT STAFF) (Filed on 1/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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No. C 12-4014 MMC

11 CLYDE GRAY,

ORDER DIRECTING PLAINTIFF TO
SHOW CAUSE WHY ACTION SHOULD
NOT BE DISMISSED FOR FAILURE TO
PROSECUTE

Plaintiff,

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v.
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MICHAEL J. ASTRUE, Commissioner of
14 Social Security
Defendant

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/

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In the above-titled action, plaintiff Clyde Gray seeks judicial review of a decision of

18 the Social Security Administration. By order filed July 31, 2012, plaintiff was directed to file
19 a motion for summary judgment or for remand within 28 days of the service of defendant’s
20 answer. (See Procedural Order for Social Security Review Actions.) On November 13,
21 2012, defendant filed and served on plaintiff an answer to plaintiff’s complaint. To date,
22 plaintiff has not filed a motion for summary judgment or for remand.
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Accordingly, the Court hereby DIRECTS plaintiff to show cause in writing, no later

24 than January 22, 2013, why the instant action should not be dismissed for failure to
25 prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. To show good
26 cause, plaintiff must file his motion for summary judgment or remand, along with a separate
27 statement explaining why such motion was not filed within the time required by the Court’s
28 prior order.

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If plaintiff fails to show good cause in the manner set forth above, the Court will

2 dismiss the action for failure to prosecute.
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IT IS SO ORDERED.

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5 Dated: January 2, 2013
MAXINE M. CHESNEY
United States District Judge

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