FINDINGS AND RECOMMENDATION – 1 

 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

RANDALL GENE KESSLER, ) Civil No.: 3:13-cv-00767-JE 

 ) 

 Plaintiff, ) FINDINGS AND 

 ) RECOMMENDATION 

 v. ) 

 ) 

CAROLYN W. COLVIN, ) 

Acting Commissioner of Social Security, ) 

 ) 

 Defendant. ) 

____________________________________ ) 

 Randall Kessler 

 3567 Table Rock Road 

 Medford, OR 97504 

 Plaintiff Pro Se

 S. Amanda Marshall, U.S. Attorney 

 Adrian L. Brown, Asst. U.S. Attorney 

 Ron K. Silver, Asst. U.S. Attorney 

 1000 S.W. 3rd Avenue, Suite 600 

 Portland, OR 97204 

 

Case 1:13-cv-00767-JE Document 20 Filed 03/03/15 Page 1 of 3
FINDINGS AND RECOMMENDATION – 2 

 Thomas Elsberry 

 Special Asst. U.S. Attorney 

 Office of the General Counsel 

 Social Security Administration 

 701 5th Avenue, Suite 2900 M/S 901 

 Seattle, WA 98104-7075 

 Attorneys for Defendants 

JELDERKS, Magistrate Judge: 

 Plaintiff Randy Kessler brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial 

review of a final decision of the Commissioner of Social Security (the Commissioner) denying 

his applications for Disability Income Benefits (DIB) and Supplemental Security Income (SSI) 

and under the Social Security Act (the Act). For the reasons set out below, the action should be 

dismissed for failure to prosecute. 

Background

 On May 7, 2013, Plaintiff filed this action pro se, seeking an Order reversing the decision 

of the Commissioner and remanding the action to the Social Security Administration (the 

Agency) for an award of benefits. 

 On June 12, 2013, the Court ordered Plaintiff to file an Application to Proceed In Forma 

Pauperis or to pay the filing fee. On June 13, 2013, Plaintiff filed an Application for Leave to 

Proceed In Forma Pauperis. The Court approved Plaintiff’s application on June 14, 2013. 

 Based on email correspondence between Plaintiff and the Clerk’s office, Plaintiff’s 

deadline to submit service of summons documents was extended to March 10, 2014. 

 On February 3, 2014, the Court issued, and the Clerk’s office mailed to Plaintiff, a Social 

Security Procedural Order and Notice of Case Assignment. 

Case 1:13-cv-00767-JE Document 20 Filed 03/03/15 Page 2 of 3
FINDINGS AND RECOMMENDATION – 3 

 Return of Service Executed on the Commissioner was entered into the docket on March 

18, 2014. The Commissioner appeared through counsel on April 16, 2014, and filed an Answer 

on July 3, 2014. 

 Plaintiff failed to file an Opening Brief by September 5, 2014, as was required by this 

Court’s Order of February 3, 2014. 

 On January 6, 2015, this Court issued an Order to Show Cause in writing by February 4, 

2015, why this case should not be dismissed for lack of prosecution. Plaintiff has not submitted 

anything in writing or otherwise explained to the Court why he has stopped prosecuting this case. 

Accordingly, I recommend that this case be dismissed. 

Conclusion 

 For the reasons set forth above, this action should be DISMISSED without prejudice. 

Scheduling Order

 This Findings and Recommendation will be referred to a district judge. Objections, 

if any, are due March 20, 2015. If no objections are filed, then the Findings and 

Recommendation will go under advisement on that date. 

 If objections are filed, then a response is due within 14 days after being served with 

a copy of the objections. When the response is due or filed, whichever date is earlier, the 

Findings and Recommendation will go under advisement. 

 DATED this 3rd day of March, 2015. 

 

 /s/ John Jelderks 

 John Jelderks 

 U.S. Magistrate Judge 

Case 1:13-cv-00767-JE Document 20 Filed 03/03/15 Page 3 of 3