Filed: Dec. 27, 2019
Latest Update: Dec. 27, 2019
Summary: ORDER THAT PLAINTIFF FILE A WRITTEN STATEMENT SHOWING CAUSE WHY CASE SHOULD NOT BE DISMISSED OR THAT PLAINTIFF FILE AN OPENING BRIEF SHEILA K. OBERTO , Magistrate Judge . On October 2, 2018, 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 his application for benefits. ( Id. ) The Court entered a Scheduling Order on October 4, 2018. (Doc. 10.) Pursuant to the Schedu
Summary: ORDER THAT PLAINTIFF FILE A WRITTEN STATEMENT SHOWING CAUSE WHY CASE SHOULD NOT BE DISMISSED OR THAT PLAINTIFF FILE AN OPENING BRIEF SHEILA K. OBERTO , Magistrate Judge . On October 2, 2018, 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 his application for benefits. ( Id. ) The Court entered a Scheduling Order on October 4, 2018. (Doc. 10.) Pursuant to the Schedul..
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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
SHEILA K. OBERTO, Magistrate Judge.
On October 2, 2018, 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 his application for benefits. (Id.)
The Court entered a Scheduling Order on October 4, 2018. (Doc. 10.) Pursuant to the Scheduling Order, Plaintiff's Opening Brief was due October 28, 2019—30 days from service (by mail) of Defendant's response to Plaintiff's letter brief (Doc. 15). (See Doc. 6.)
On October 28, 2019, Plaintiff failed to file and serve his 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 January 6, 2020, 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 orders 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.
