Rivers v. Colvin

Filing 16

ORDER TO SHOW CAUSE. Show Cause Response due by 2/7/2017. Signed by Judge Maria-Elena James on 1/24/2017. (mejlc3, COURT STAFF) (Filed on 1/24/2017) (Additional attachment(s) added on 1/24/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD DAVID RIVERS,

Case No. 16-cv-02399-MEJ

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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CAROLYN COLVIN,
Defendant.

United States District Court
Northern District of California

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Plaintiff Ronald Rivers filed suit pro se to appeal the denial of social security benefits. See

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Compl., Dkt. No. 1. The Court issued a Social Security Procedural Order, which required

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Defendant to serve and file an answer, together with a certified copy of the transcript of the

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administrative record (“AR”), within 90 days of receiving the summons and complaint. See Proc.

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Order ¶ 1, Dkt. No. 2. Defendant served and filed her Answer on August 29, 2016, and served and

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filed a certified copy of the AR on September 6, 2016. See Answer, Dkt. No. 14; AR, Dkt. No.

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15. The Procedural Order then required Plaintiff to file a motion for summary judgment or for

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remand within 28 days of service of the Answer; Plaintiff’s deadline for doing so therefore was, at

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the latest, October 4, 2016. See Proc. Order ¶ 2. As of the date of this Order, Plaintiff has not

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filed a motion for summary judgment or a motion for remand, and has not otherwise formally

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prosecuted the action.

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Accordingly, the Court hereby ORDERS Plaintiff Ronald David Rivers to show cause why

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this case should not be dismissed for failure to prosecute and failure to comply with court

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deadlines. Plaintiff shall file a declaration by February 7, 2017. Notice is hereby provided that

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failure to file a written response will be deemed an admission that Plaintiff does not intend to

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prosecute, and the case will be dismissed without prejudice. Thus, it is imperative that the Court

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receive a written response by the deadline above.
IT IS SO ORDERED.

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Dated: January 24, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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