Brokaw v. Colvin

Filing 16

ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Show Cause Response due by 3/15/2016. Signed by Magistrate Judge Sallie Kim on 2/23/2016. (mklS, COURT STAFF) (Filed on 2/23/2016) (Additional attachment(s) added on 2/23/2016: # 1 Certificate/Proof of Service - with signature) (mklS, COURT STAFF). Modified on 2/23/2016 (mklS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANITA BROKAW, Case No. 15-cv-04313-SK Plaintiff, 8 v. 9 10 CAROLYN W. COLVIN, ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Defendant. United States District Court Northern District of California 11 12 On September 21, 2015, Plaintiff filed a complaint appealing the denial of social security 13 benefits. The Court granted Plaintiff’s application to proceed in forma pauperis, and the 14 defendant was served. On January 8, 2016, the Defendant filed an answer. Pursuant to Northern 15 District Civil Local Rule 16-5 and the Social Security Procedural Order filed in this action, 16 Plaintiff’s motion for summary judgment was due to be filed by February 8, 2016. To date, 17 Plaintiff has not filed a motion for summary judgment. Accordingly, Plaintiff is HEREBY 18 ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to prosecute. 19 Plaintiff shall file a written response to this Order to Show Cause by no later than March 15, 2016. 20 If Plaintiff intends to file a motion for summary judgment, she must show good cause for her 21 failure to comply with the scheduling order in this case. Plaintiff is admonished that if she fails to 22 file a response to this Order to Show Cause by March 15, 2016, the Court will dismiss this case 23 without prejudice without further notice to Plaintiff. 24 The Court advises Plaintiff that the district court has produced a guide for pro se litigants 25 called Representing Yourself in Federal Court: A Handbook for Pro Se Litigants, which provides 26 instructions on how to proceed at every stage of your case, including discovery, motions, and trial. 27 It is available electronically online (http://cand.uscourts.gov/prosehandbook) or in hard copy free 28 of charge from the Clerk’s Office. The Court further advises Plaintiff that she also may wish to 1 seek assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-782- 2 8982 or sign up on the 15th Floor of the San Francisco Courthouse, Room 2796, or on the 4th 3 Floor of the Oakland Courthouse, Room 470S, for a free appointment with an attorney who may 4 be able to provide basic legal help, but not legal representation. 5 6 7 8 IT IS SO ORDERED. Dated: February 23, 2016 ______________________________________ SALLIE KIM United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANITA BROKAW, Case No. 15-cv-04313-SK Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 CAROLYN W. COLVIN, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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 February 23, 2016, 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. 18 19 20 Anita Brokaw 1874 Fred Jackson Way Richmond, CA 94801 21 22 Dated: February 23, 2016 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Melinda K. Lozenski, Deputy Clerk to the Honorable SALLIE KIM 3

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