Opinion
1:20-cv-00417-SKO
09-21-2021
SHARON WALTON, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, [1] Defendant.
ORDER THAT PLAINTIFF FILE A WRITTEN STATEMENT SHOWING CAUSE WHY CASE SHOULD NOT BE DISMISSED OR THAT PLAINTIFF FILE THE MOTION FOR SUMMARY JUDGMENT
SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE
On March 20, 2020, 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. (Id.)
The Court entered a Scheduling Order on July 29, 2021. (Doc. 14.) Pursuant to the Scheduling Order, Plaintiff's motion for summary judgment was due September 13, 2021-45 days from entry of the Scheduling Order. (See id.)
On September 13, 2021, Plaintiff failed to file and serve her motion for summary judgment with the Court and on opposing counsel, and to date, no motion 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. 14.) Alternatively, Plaintiff may file the motion for summary judgment.
Accordingly, it is HEREBY ORDERED that:
1. By no later than October 1, 2021, 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 order and for want of prosecution; or
b. file the motion for summary judgment.
Failure to respond to this Order to Show Cause will result in a recommendation of dismissal of this action.
IT IS SO ORDERED.