(SS) Magana v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MIREYA MAGANA, Case No. 1:21-cv-01100-BAK 11 Plaintiff, ORDER REQUIRING DEFENDANT TO SHOW CAUSE WHY SANCTIONS 12 v. SHOULD NOT BE IMPOSED FOR FAILURE TO LODGE ADMINISTRATIVE 13 COMMISSIONER OF SOCIAL SECURITY, RECORD 14 Defendant. (ECF No. 10) 15 DEADLINE: AUGUST 8, 2022 16 17 On July 19, 2021, Plaintiff Mireya Magana filed this action seeking judicial review of a 18 final decision of the Commissioner of Social Security (“Commissioner”) denying an 19 application for disability benefits pursuant to the Social Security Act. (ECF No. 1.) On April 20 1, 2022, the Court issued an order advising the parties of the lifting of the stay of action 21 pursuant to General Order Number 644, which rescinded the Court’s temporary stay in Social 22 Security Matters effective April 1, 2022, and provided an amended scheduling order. (ECF No. 23 10.) Pursuant to the amended scheduling order, Defendant was directed to electronically file 24 the administrative record within 120 days of service of the Court’s order. (Id. at 2.) Thus, the 25 deadline to file the administrative record was August 1, 2022. However, an independent 26 review of the docket reveals that, as of August 1, 2022, neither the administrative record, nor 27 other filings, have been submitted. Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 1 | Rules or with any order of the Court may be grounds for imposition by the Court of any and all sanctions .. . within the inherent power of the Court.” The Court has the inherent power to 3 | control its docket and may, in the exercise of that power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 5 | 2000). 6 Defendant’s failure to timely lodge the administrative record constitutes a failure to comply with the Court’s order. Accordingly, Defendant will be directed to show cause why 8 | sanctions should not issue for failure to lodge the administrative record in compliance with the 9 | Court’s April 1, 2022 order (ECF No. 10). 10 Based on the foregoing, IT IS HEREBY ORDERED that no later than August 8, 2022, 11 | Defendant shall show cause in writing why sanctions should not issue for the failure to comply 12 | with the Court’s orders and timely lodge the administrative record in this matter. Failure to 13 | comply with this order will result in the imposition of sanctions. 14 15 IT IS SO ORDERED. DAM Le 16 | Dated: _August 2, 2022 _ ef 4 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28