Nelson v. Commissioner of Social Security

Filing 33

ORDER Discharging Order to Show Cause. Signed by Magistrate Judge Donna M. Ryu on 01/24/2014. (dmrlc1, COURT STAFF) (Filed on 1/24/2014) (Additional attachment(s) added on 1/24/2014: # 1 Certificate/Proof of Service) (igS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CINDY NELSON,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C-13-01872 DMR
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.

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CAROLYN W. COLVIN,

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Defendant.
___________________________________/

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Pro se Plaintiff Cindy Nelson brings this action pursuant to 42 U.S.C. § 405(g) seeking

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judicial review of a final decision by Defendant Carolyn W. Colvin, the Commissioner of the Social

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Security Administration. On January 14, 2014, the court issued an Order to Show Cause why this

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action should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure

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41(b) as Plaintiff had failed to timely file a motion for summary judgment. [Docket No. 31.]

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On January 23, 2014, Plaintiff submitted a letter in response to the Order to Show Cause to

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which she attached a large number of her personal medical records. The court has filed the letter

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under seal (Docket No. 32) and is returning the medical records to Plaintiff, as the court cannot

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consider any evidence that is not part of the administrative record. The Order to Show Cause is

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discharged. By no later than February 24, 2014, Plaintiff shall file a motion for summary judgment

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challenging the administrative law judge’s (“ALJ”) finding that she is not disabled within the

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meaning of the Social Security Act. In the motion, Plaintiff shall explain why the ALJ’s decision is

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not supported by substantial evidence or is based on legal error. See Magallanes v. Bowen, 881 F.2d

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747, 750 (9th Cir. 1989). Failure to file a motion for summary judgment by February 24, 2014 will

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result in dismissal of this action for failure to prosecute.

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Dated: January 24, 2014

DERED

O OR
IT IS S

. Ryu

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United States Magistrate Judge

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NO

onna M
DONNA udge D
J M. RYU

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ER

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For the Northern District of California

United States District Court

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FO

IT IS SO ORDERED.

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UNIT
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