Lewis v. Commissioner of Social Security

Filing 30

ORDER TO SHOW CAUSE Show Cause Response due by 3/13/2013.. Signed by Judge Kandis A. Westmore on February 27, 2013. (kawlc2, COURT STAFF) (Filed on 2/27/2013) (Additional attachment(s) added on 2/27/2013: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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United States District Court
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Northern District of California

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GARY L. LEWIS,
Plaintiff,

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v.

Case No.: C 4:12-4258 KAW
ORDER TO SHOW CAUSE REGARDING
FAILURE TO FILE MOTION FOR
SUMMARY JUDGMENT

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

Northern District of California

United States District Court

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Plaintiff is pro se and proceeds in forma pauperis in this social security case. The parties
have consented to the jurisdiction of a magistrate judge. See 28 U.S.C. § 636(c).
Pursuant to the Court's social security procedural order, Plaintiff was required to file a

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motion for summary judgment within 28 days of service of Defendant's answer. Defendant's

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answer was filed, and served on Plaintiff by mail, on January 17, 2013. Dkt # 20, 22. Plaintiff's

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motion was therefore due on February 14, 2013, but Plaintiff has not filed a motion.

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Plaintiff has filed several other documents with the Court. On December 21, 2012, after

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the Court had struck Defendant's motion to dismiss, Plaintiff filed a document titled, "Plaintiff

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resistance amended pleading for right for notice of motion and memorandum in support of motion

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to dismiss." On January 17, 2013, Plaintiff filed a document titled, "Plaintiff responsive pleading

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amended in opposition of continuous order stri[]king Commissioner's motion to dismiss for

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memorandum in suport of motion to dismiss Plaintiff's complaint." Dkt # 23. On January 23,

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2013, Plaintiff filed a document titled, "Plaintiff's impleader amended pleading for right in

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opposition administrative transcript manual filing notification in support of motion to dismiss

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Plaintiff's complaint." Dkt # 25. On January 30, 2013, Plaintiff filed a document titled,

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"Plaintiff's pleading amended in opposition to improper variance in support of motion to dismiss

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Plaintiff's complaint." Dkt # 26.

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The filings cite various doctrines and authority in a rambling fashion, making varied

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arguments that are difficult to understand and do not appear to be relevant to this case, which is a

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social security case. See Compl. at 1 ("Complaint for Judicial Review of Decision of the

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Commissioner of Social Security"), 2 ("this court has jurisdiction pursuant to Title 42, U.S.C.

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§405(g)"). As far as the Court can discern, none of the filings request any clear relief from the

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Court. None of the filings explain why a final decision of the Commissioner of Social Security

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denying benefits to Plaintiff should be reversed. Indeed, the filings do not even appear to discuss

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such a decision. None of the filings can be construed as a motion for summary judgment.

Plaintiff shall show cause why his case should not be dismissed for failure to prosecute, and shall

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Northern District of California

Accordingly, it is hereby ordered that within fourteen days of the date of this order,

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United States District Court

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file his motion for summary judgment.

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Failure to comply with this order will result in the dismissal of the case.

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It is so ORDERED.

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Dated: February 27, 2013

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___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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