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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONALD DAVID RIVERS, Case No. 16-cv-02399-MEJ Plaintiff, 8 ORDER TO SHOW CAUSE v. 9 10 CAROLYN COLVIN, Defendant. United States District Court Northern District of California 11 12 13 Plaintiff Ronald Rivers filed suit pro se to appeal the denial of social security benefits. See 14 Compl., Dkt. No. 1. The Court issued a Social Security Procedural Order, which required 15 Defendant to serve and file an answer, together with a certified copy of the transcript of the 16 administrative record (“AR”), within 90 days of receiving the summons and complaint. See Proc. 17 Order ¶ 1, Dkt. No. 2. Defendant served and filed her Answer on August 29, 2016, and served and 18 filed a certified copy of the AR on September 6, 2016. See Answer, Dkt. No. 14; AR, Dkt. No. 19 15. The Procedural Order then required Plaintiff to file a motion for summary judgment or for 20 remand within 28 days of service of the Answer; Plaintiff’s deadline for doing so therefore was, at 21 the latest, October 4, 2016. See Proc. Order ¶ 2. As of the date of this Order, Plaintiff has not 22 filed a motion for summary judgment or a motion for remand, and has not otherwise formally 23 prosecuted the action. 24 Accordingly, the Court hereby ORDERS Plaintiff Ronald David Rivers to show cause why 25 this case should not be dismissed for failure to prosecute and failure to comply with court 26 deadlines. Plaintiff shall file a declaration by February 7, 2017. Notice is hereby provided that 27 failure to file a written response will be deemed an admission that Plaintiff does not intend to 28 prosecute, and the case will be dismissed without prejudice. Thus, it is imperative that the Court 1 2 receive a written response by the deadline above. IT IS SO ORDERED. 3 4 5 6 Dated: January 24, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 7 8 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

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