Gray v. Astrue

Filing 18

ORDER DISCHARGING ORDER TO SHOW CAUSE; EXTENDING DEADLINE FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT OR FOR REMAND; NOTICE TO PLAINTIFF. Plaintiff is ordered to file, no later than February 28, 2013, a motion for summary judgment or remand. Signed by Judge Maxine M. Chesney on January 29, 2013. (mmclc1, COURT STAFF) (Filed on 1/29/2013) (Additional attachment(s) added on 1/29/2013: # 1 Certificate/Proof of Service) (wsn, COURT STAFF).

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA For the Northern District of California United States District Court 10 No. C 12-4014 MMC 11 CLYDE GRAY, Plaintiff, 12 ORDER DISCHARGING ORDER TO SHOW CAUSE; EXTENDING DEADLINE FOR PLAINTIFF TO FILE MOTION FOR SUMMARY JUDGMENT OR FOR REMAND; NOTICE TO PLAINTIFF v. 13 MICHAEL J. ASTRUE, Commissioner of 14 Social Security Defendant 15 / 16 17 In the above-titled action, plaintiff Clyde Gray (“Gray”) seeks judicial review of a 18 decision by the Social Security Administration, specifically, the decision issued July 22, 2011 19 by the Administrative Law Judge, finding Gray “has not been under a disability, as defined in 20 the Social Security Act, from February 28, 2007, through [July 22, 2011].” (See 21 Administrative Record at 18.) By order filed January 2, 2013, the Court directed Gray to 22 show cause why the action should not be dismissed for failure to prosecute. Specifically, as 23 set forth in said order, Gray failed to file a motion for summary judgment or for remand 24 within the time required by the Procedural Order for Social Security Review Actions;1 by said 25 26 27 28 1 The Procedural Order directed Gray to file a “motion for summary judgment or for remand within 28 days of service of defendant’s answer.” (See Procedural Order, filed July 31, 2012.) On November 13, 2012, defendant filed with the Clerk and served by mail his answer on Gray. Accordingly, Gray’s motion was due no later than December 14, 2012. See id.; see also Fed. R. Civ. P. 6(d) (providing for additional three days to act where party is served by mail). 1 order, the Court directed Gray to file his motion no later than January 22, 2013, along with a 2 statement indicating why he had failed to timely file the requisite motion. 3 Before the Court is Gray’s response, filed January 15, 2013, to the Court’s order to 4 show cause. In his response, Gray states he did not file a motion because he was “looking 5 for a lawyer” and “had to take care of an eviction notice.” Additionally, Gray refers therein to 6 his present physical condition, stating he takes “medication every day” and is a candidate for 7 surgery “in the future.” In his response, Gray also requests the Court “take another look at 8 [his] case,” which statement the Court construes as a request by Gray for a further 9 extension of time to file his motion. 10 Although Gray’s response is lacking in factual specificity, the Court will grant Gray a 11 limited further extension to file his motion. 12 Accordingly, the above-referenced Order to Show Cause is hereby DISCHARGED 13 and Gray is hereby ORDERED to file, no later than February 28, 2013, a motion for 14 summary judgment or remand. In any such motion, Gray shall identify what relief he seeks 15 and the specific reasons why he claims the July 22, 2011 decision of the Administrative Law 16 Judge is erroneous. 17 Gray is hereby advised that his failure to file such motion by February 28, 2013 will 18 likely result in the dismissal of the instant action for failure to prosecute. See Fed R. Civ. P. 19 41(b). 20 IT IS SO ORDERED. 21 22 Dated: January 29, 2013 MAXINE M. CHESNEY United States District Judge 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?