Bechelli-Gonzalez v. Commissioner of the Social Security Administration

Filing 18

ORDER TO SHOW CAUSE. Show Cause Response due by 11/16/2017.Signed by Judge Maria-Elena James on 10/13/2017. (mejlc3, COURT STAFF) (Filed on 10/13/2017) (Additional attachment(s) added on 10/13/2017: # 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 TERESA BECHELLI-GONZALEZ, Case No. 16-cv-07284-MEJ Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. United States District Court Northern District of California 11 12 13 Plaintiff Teresa Bechelli-Gonzalez filed suit pro se to appeal the denial of social security 14 benefits. See Compl., Dkt. No. 1. The Court issued a Social Security Procedural Order, which 15 required Defendant to serve and file an answer, together with a certified copy of the transcript of 16 the administrative record (“AR”), within 90 days of receiving the summons and complaint. See 17 Proc. Order ¶ 1, Dkt. No. 2. Defendant served and filed her Answer on May 8, 2017, and served 18 and filed a certified copy of the AR on May 11, 2017. See Answer, Dkt. No. 16; AR, Dkt. No. 17. 19 The Procedural Order then required Plaintiff to file a motion for summary judgment or for remand 20 within 28 days of service of the Answer; Plaintiff’s deadline for doing so therefore was, at the 21 latest, June 8, 2017. See Proc. Order ¶ 2. As of the date of this Order, Plaintiff has not filed a 22 motion for summary judgment or a motion for remand, and has not otherwise formally prosecuted 23 the action. 24 Accordingly, the Court hereby ORDERS Plaintiff to show cause why this case should not 25 be dismissed for failure to prosecute and failure to comply with court deadlines. Plaintiff shall file 26 a declaration by November 16, 2017. Notice is hereby provided that failure to file a written 27 response will be deemed an admission that Plaintiff does not intend to prosecute, and the case will 28 be dismissed without prejudice. Thus, it is imperative that the Court receive a written response by 1 2 the deadline above. IT IS SO ORDERED. 3 4 5 6 Dated: October 13, 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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