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Hearns v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 15, 2008

NICKISHA HEARNS, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

ORDER

Plaintiff, who is proceeding with retained counsel, brings this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.

On November 1, 2007, the magistrate judge issued a Scheduling Order, which, among other things, ordered plaintiff to file a motion for summary judgment and/or remand within 45 days from being served with a copy of the administrative record. The administrative record was filed May 16, 2008. Plaintiff did not file a motion for summary judgment within 45 days thereafter, nor did plaintiff submit new evidence with a request for voluntary remand within that time.

On August 18, 2008, the magistrate judge filed findings and recommendations, recommending that this action be dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and orders herein which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed.

Accordingly, counsel for plaintiff is HEREBY ORDERED to appear personally in Courtroom No. 5 of this Court, on Tuesday, October 14, 2008, at 2:00 p.m., to show cause why this action should not be dismissed. If no appearance is made, this action will be dismissed without prejudice. If a voluntary dismissal is filed before that date, no appearance will be necessary.

20080915

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