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Schlyter v. Berryhill, 1:16-cv-01710-SKO. (2018)

Court: District Court, E.D. California Number: infdco20180612735 Visitors: 23
Filed: Jun. 11, 2018
Latest Update: Jun. 11, 2018
Summary: ORDER THAT PLAINTIFF FILE A WRITTEN STATEMENT SHOWING CAUSE WHY CASE SHOULD NOT BE DISMISSED OR THAT PLAINTIFF FILE AN OPENING BRIEF (Doc. 10) SHEILA K. OBERTO , Magistrate Judge . On November 9, 2016, Plaintiff, represented by counsel and proceeding in forma pauperis, filed the present action in this Court. (Doc. 1.) Plaintiff seeks review of the Commissioner's denial of her application for benefits. (Doc. 1.) The Court entered a Scheduling Order on February 17, 2017. (Doc. 10.) Pursua
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ORDER THAT PLAINTIFF FILE A WRITTEN STATEMENT SHOWING CAUSE WHY CASE SHOULD NOT BE DISMISSED OR THAT PLAINTIFF FILE AN OPENING BRIEF

(Doc. 10)

On November 9, 2016, Plaintiff, represented by counsel and proceeding in forma pauperis, filed the present action in this Court. (Doc. 1.) Plaintiff seeks review of the Commissioner's denial of her application for benefits. (Doc. 1.)

The Court entered a Scheduling Order on February 17, 2017. (Doc. 10.) Pursuant to the Scheduling Order, Plaintiff's Opening Brief was due June 1, 2018—95 days from service of the administrative record on February 26, 2018 (Doc. 18). (See Doc. 10.) On June 1, 2018, Plaintiff failed to file and serve her Opening Brief with the Court and on opposing counsel, and, to date, no Opening Brief has been filed and served. (See Docket.) Plaintiff is, therefore, ordered to show cause, if any, why the action should not be dismissed for failure to comply with the Court's Scheduling Order and for want of prosecution. (Doc. 10.) Alternatively, Plaintiff may file an Opening Brief.

Accordingly, it is HEREBY ORDERED that:

1. By no later than June 15, 2018, Plaintiff shall either: a. file a written response to this Order showing cause why the Court should not dismiss this action for failure to comply with the Court's Scheduling Order and for want of prosecution; or b. file an Opening Brief.

Failure to respond to this Order to Show Cause will result in dismissal of this action.

IT IS SO ORDERED.

Source:  Leagle

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