(SS)(PS) Clark v. Commissioner of Social Security, No. 2:2012cv02550 - Document 20 (E.D. Cal. 2013)
Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 11/18/13 ORDERING that the findings and recommendations filed 11/6/13, are vacated; Plaintiff shall file his motion for summary judgment and/or remand within 45 days of this order; and the remainder of the scheduling order is modified accordingly. (Becknal, R)
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(SS)(PS) Clark v. Commissioner of Social Security Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HOWARD M. CLARK, JR., 12 13 14 No. 2:12-CV-2550-MCE-CMK PS Plaintiff, vs. ORDER COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 / 17 Plaintiff, who is proceeding in propria persona, brings this action for judicial 18 review of a final decision of the Commissioner of Social Security under 42 U.S.C. ยง 405(g). 19 On November 6, 2013, the court issued findings and recommendations that this 20 action should be dismissed for lack of prosecution and failure to comply with court rules and 21 orders. Plaintiff has filed objections to the findings and recommendations, indicating the delay 22 was inadvertent and due to his lack of understanding. 23 As such, the undersigned will vacate the findings and recommendations, and 24 allow plaintiff additional time to file his motion for summary judgment and/or remand, or to 25 request a voluntary remand if he has new evidence outside the evidentiary record. Plaintiff is 26 referred to the Scheduling Order (Doc. 5), filed November 14, 2012, for additional information. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed November 6, 2013, are vacated; 3 2. Plaintiff shall file his motion for summary judgment and/or remand within 4 5 45 days of this order; and 3. The remainder of the scheduling order is modified accordingly. 6 7 8 9 DATED: November 18, 2013 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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