(SS)(PS) Buie v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LYDELL IVAN BUIE, Case No. 2:23-cv-2786-CSK Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DISMISS FOR FAILURE TO
v. PROSECUTE; ORDER COMMISSIONER OF SOCIAL
SECURITY,
15 Defendant.
17 Plaintiff Lydell Ivan Buie, proceeding without the aid of counsel, filed this action on 18 December 1, 2023.1 (ECF No. 1.) Under the operative scheduling order, Defendant 19 Commissioner of Social Security was to file a copy of the administrative complaint within 20 90 days of being served, and Plaintiff’s motion for summary judgment was to be filed 30 21 days thereafter. (ECF No. 5 at 3(a)-(b).) The Commissioner filed the transcript on 22 February 5, 2024 (ECF No. 8), making Plaintiff’s motion due by March 5, 2024. This 23 deadline passed without any filing by Plaintiff. 24 In the interests of justice, the Court refrained from recommending dismissal at that 25 time. Instead, on March 19, 2024, the Court ordered Plaintiff to show cause (“OSC”) why 26 the case should not be dismissed for…