Mayhew v. Commissioner of Social Security

Filing 24

ORDER DIRECTING CLERK TO FILE CORRESPONDENCE SUBMITTED BY PLAINTIFF; CONSTRUING CORRESONDENCE AS PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; AND VACATING 23 ORDER TO SHOW CAUSE. Signed by Judge Beth Labson Freeman on 10/31/2014. (blflc1S, COURT STAFF) (Filed on 10/31/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JOHN MAYHEW,

Case No. 13-cv-04521-BLF

Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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ORDER DIRECTING CLERK TO FILE
CORRESPONDENCE SUBMITTED BY
PLAINTIFF; CONSTRUING
CORRESPONDENCE AS PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT; AND VACATING ORDER
TO SHOW CAUSE

United States District Court
Northern District of California

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On October 14, 2014, the Court issued an Order to Show Cause why this action should not

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be dismissed for failure to prosecute. The Order recited the procedural history of this case,

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including Plaintiff’s failure to file a motion for summary judgment within the time provided by the

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Court.

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The Court has received Plaintiff’s correspondence dated October 28, 2014, in which

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Plaintiff asks the Court not to dismiss his action and to grant summary judgment in his favor. The

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Clerk is directed to file this correspondence, which the Court construes as a motion for summary

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judgment. The Court hereby vacates the Order to Show Cause and grants Plaintiff until November

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14, 2014 to file a memorandum of points and authorities and any evidence he wishes to submit in

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support of his motion for summary judgment. Defendant’s time to file her cross-motion for

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summary judgment shall run from the date upon which Plaintiff files a memorandum of points and

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authorities or from November 14, 2014, whichever is earlier.

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IT IS SO ORDERED.
Dated: October 31, 2014
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BETH LABSON FREEMAN
United States District Judge