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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 CINDY NELSON, 11 For the Northern District of California United States District Court 10 Plaintiff, No. C-13-01872 DMR ORDER DISCHARGING ORDER TO SHOW CAUSE v. 12 CAROLYN W. COLVIN, 13 Defendant. ___________________________________/ 14 15 Pro se Plaintiff Cindy Nelson brings this action pursuant to 42 U.S.C. § 405(g) seeking 16 judicial review of a final decision by Defendant Carolyn W. Colvin, the Commissioner of the Social 17 Security Administration. On January 14, 2014, the court issued an Order to Show Cause why this 18 action should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 19 41(b) as Plaintiff had failed to timely file a motion for summary judgment. [Docket No. 31.] 20 On January 23, 2014, Plaintiff submitted a letter in response to the Order to Show Cause to 21 which she attached a large number of her personal medical records. The court has filed the letter 22 under seal (Docket No. 32) and is returning the medical records to Plaintiff, as the court cannot 23 consider any evidence that is not part of the administrative record. The Order to Show Cause is 24 discharged. By no later than February 24, 2014, Plaintiff shall file a motion for summary judgment 25 challenging the administrative law judge’s (“ALJ”) finding that she is not disabled within the 26 meaning of the Social Security Act. In the motion, Plaintiff shall explain why the ALJ’s decision is 27 not supported by substantial evidence or is based on legal error. See Magallanes v. Bowen, 881 F.2d 28 1 747, 750 (9th Cir. 1989). Failure to file a motion for summary judgment by February 24, 2014 will 2 result in dismissal of this action for failure to prosecute. S 6 Dated: January 24, 2014 DERED O OR IT IS S . Ryu 8 United States Magistrate Judge RT NO onna M DONNA udge D J M. RYU 7 ER 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 A H 9 R NIA 5 FO IT IS SO ORDERED. LI UNIT ED 4 RT U O 3 S DISTRICT TE C TA N D IS T IC T R OF C

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