Brown v. Colvin

Filing 13

ORDER TO SHOW CAUSE WHY MATTER SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. Show Cause Response due by 4/14/2017. Signed by Judge Richard Seeborg on 3/22/17. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 3/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICHOLAS BROWN,

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Case No. 15-cv-05827-RS

Plaintiff,
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United States District Court
Northern District of California

v.
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NANCY A. BERRYHILL1,

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Defendant.

ORDER TO SHOW CAUSE WHY
MATTER SHOULD NOT BE
DISMISSED FOR LACK OF
PROSECUTION

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Plaintiff Nicholas Brown filed this action in December of 2015, seeking review of a

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decision of the Commissioner of Social Security regarding his application for disability benefits.

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By order entered December 18, 2015, Brown was required to file a motion for summary judgment

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within 30 days of the filing of an answer and the administrative record. Although the parties

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subsequently stipulated to an extension of the deadline for filing the answer and the administrative

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record, those items have now been on file since May of 2016. Brown has failed to file a motion

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for summary judgment, or take any other action in the case.

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Accordingly, no later than April 14, 2017, Brown shall either (1) file his motion for

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summary judgment, or (2) file a declaration establishing good cause why this matter should not be

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dismissed for lack of prosecution.

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill has automatically been substituted for
Acting Commissioner Carolyn W. Colvin as the defendant in this suit.

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The Court notes that defendant has filed a consent to the jurisdiction of a magistrate judge.

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In the event Brown elects to file a motion for summary judgment, at the same time he shall file

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either a consent or declination to the jurisdiction of a magistrate judge. Brown may obtain the

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relevant form at http://cand.uscourts.gov/civilforms , under the heading, “Magistrate Judge

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Consent/Declination Form.”

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Finally, Brown may wish to contact the court’s pro se help desk either by calling 415-782-

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8982 or by signing up in the appointment book located on the table outside the door of the Legal

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Help Center at the United States Courthouse, 450 Golden Gate Avenue, 15th Floor, Room 2796,

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in San Francisco, California.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: March 22, 2017
______________________________________
RICHARD SEEBORG
United States District Judge

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CASE NO.

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15-cv-05827-RS