Hubbard v. Larsen

Filing 27

ORDER Directing Defendant to File a Copy of the "Warrant for Remand" Document Received by Counsel for Defendant; Order Deferring Action on Defendant's 25 Motion for Clarification, signed by Magistrate Judge Sandra M. Snyder on 02/04/2009. ("Warrant for Remand" Filing due by 2/19/2009)(Martin, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RICHARD HUBBARD, 10 11 12 13 14 15 16 INFORMATIONAL ORDER TO PLAINTIFF 17 18 19 Plaintiff is a state prisoner proceeding in forma pauperis ) ) Plaintiff, ) v. ) ) ALJ MR. CHRISTOPHER LARSEN OF ) THE SOCIAL SECURITY ) ADMINISTRATION, et al., ) ) Defendants. ) ) ) ) 1:07-cv-01225-LJO-SMS ORDER DIRECTING DEFENDANT TO FILE A COPY OF THE "WARRANT FOR REMAND" DOCUMENT RECEIVED BY COUNSEL FOR DEFENDANT ORDER DEFERRING ACTION ON DEFENDANT'S MOTION FOR CLARIFICATION AND REQUEST FOR EXTENSION OF TIME PENDING RECEIPT OF A COPY OF THE DOCUMENT BY THE COURT (DOC. 25) 20 and pro se with a civil action in this Court. Pursuant to 28 21 U.S.C. 636(c), both parties have consented to the Magistrate's 22 jurisdiction to conduct all proceedings, including ordering the 23 entry of judgment. 24 On December 17, 2008, the Court discharged an order to show 25 cause that had issued to Plaintiff and deemed Plaintiff's 26 previously filed request for an extension of time to be 27 Plaintiff's opening brief; the Court set forth deadlines for 28 Defendant's filing of a responsive brief and the filing of any 1 1 reply by Plaintiff. 2 Pending before the Court is Defendant's motion for 3 clarification and for an extension of time to file Defendant's 4 responsive brief, filed on January 29, 2009, well within the 5 forty-five day period set by the Court in December for the filing 6 of Defendant's brief. In the motion, Defendant informed the Court 7 that after the Court had directed Respondent to treat Plaintiff's 8 previously filed document as the opening brief, Defendant 9 "received" a document entitled "Warrant for Remand" from 10 Plaintiff. (Mot. p. 1.) Defendant requested the Court to clarify 11 whether it wished Defendant to follow the Court's order to 12 respond to the request for extension of time as a brief, or 13 instead to Plaintiff's warrant for remand. Defendant further 14 requested thirty days after the issuance of clarification within 15 which to file the responsive brief. 16 17 The Court has not been served with any "Warrant for Remand." Defendant IS DIRECTED to file with the Court no later than 18 ten days after the date of service of this order a copy of the 19 "Warrant for Remand" received from Plaintiff so that the merits 20 of the motion for clarification and for an extension may be 21 further considered. 22 23 IT IS SO ORDERED. 24 Dated: icido3 25 26 27 28 2 February 4, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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