WICHELMAN v. COLVIN

No. 2:16-cv-1123-KJM-EFB PS.

KARL F. WICHELMAN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Karl F. Wichelman, Plaintiff, Pro Se.

Commissioner of Social Security, Defendant, represented by Michael K. Marriott , Social Security Administration & Bobbie J. Montoya , United States Attorney's Office.


ORDER

EDMUND F. BRENNAN, Magistrate Judge.

On December 8, 2016, defendant filed a motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1). ECF No. 21. Thereafter, the court issued a minute order directing plaintiff to file an opposition to the motion on or before January 4, 2017. ECF No. 22. When the deadline had passed and plaintiff failed to file an opposition or statement of non-opposition to the pending motion, the court directed him to file his opposition not later than February 8, 2017, and to show cause why sanctions should be imposed for his failure to comply. ECF No. 30. Plaintiff now requests a forty-five day extension of time to file his opposition to defendant's motion to dismiss.

It is hereby ORDERED that:

1. Plaintiff's request for an extension of time (ECF No. 31) is granted.

2. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, no later than March 29, 2017.

3. Defendant may file a reply to plaintiff's opposition, if any, on or before April 12, 2017.

4 Failure to timely file an opposition to the motion will be deemed a statement of non-opposition thereto, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules. See Fed. R. Civ. P. 41(b).


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