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Carmen Socorro Delgadillo v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 5, 2012

CARMEN SOCORRO DELGADILLO,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DISCHARGING ORDER TO SHOW CAUSE (Document 11)

On May 1, 2012, Plaintiff Carmen Socorro Delgadillo filed a complaint with this Court alleging she had been wrongfully denied Social Security benefits. (Doc. 2.)

On May 31, 2012, Plaintiff filed proof of service of the summons and complaint upon Defendant Michael J. Astrue, Commissioner of Social Security, indicating service was effected on May 18, 2012. ( See Doc. 6.)

October 1, 2012, this Court issued an Order to Show Cause to the Commissioner regarding his failure to timely file the administrative record in this matter. According to the Court's records, because Plaintiff filed documentation asserting service of process was effected on May 18, 2012, the administrative record was to be filed 120 days thereafter, or no later than September 15, 2012 (5/18/12 120 days = 9/15/12). (Doc. 11.)

On October 4, 2012, the Commissioner filed his response to this Court's Order to Show Cause. The Commissioner advises the Court that service of process was not in fact executed until June 19, 2012, *fn1 thus making the administrative record due on or before October 17, 2012. (Doc. 12.) Because the deadline had not yet passed according to the Commissioner's calculations, he did not fail to timely file the administrative record. The Commissioner provided documentation in support of his assertion wherein it appears Bonnie L'Argent with the United States Attorney's Office accepted service of process via hand delivery on June 19, 2012. ( See Doc. 12-1 at 2.) Notably, the Commissioner filed or lodged the administrative record that same date. ( See Doc. 13.)

In light of the foregoing, the Order to Show Cause issued on October 1, 2012, is hereby DISCHARGED.

IT IS SO ORDERED.


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