George v. Commissioner of Social Security

Filing 16

ORDER DENYING 13 Motion for Default Judgment; ORDER Requiring Clerk to Issue Scheduling Order in Social Security Case, signed by Magistrate Judge Dennis L. Beck on 01/15/2010. (Martin, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On December 17, 2008, Plaintiff, proceeding pro se and in forma pauperis, filed the present 18 action for judicial review of the denial of Social Security benefits. 19 On January 11, 2009, Plaintiff filed a motion for default judgment based on what he believed 20 to be Defendant's failure to respond to the complaint. In social security cases, however, Defendant's 21 lodging of the Administrative Record is deemed an answer and is timely if filed within 120 days after 22 23 motion is therefore DENIED. 24 25 26 27 28
Additionally, default judgment against the United States is generally not issued unless the "claimant establishes a claim or right to relief by evidence that satisfies the court." Fed.R.Civ.Proc. 55(d).
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff, ) ) vs. ) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) Defendant. ) ____________________________________) WALLACE PAUL GEORGE, 1:08cv1928 DLB

ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (Document 13) ORDER REQUIRING CLERK TO ISSUE SCHEDULING ORDER IN SOCIAL SECURITY CASE

service. Here, the Administrative Record was timely filed and default is not appropriate.1 Plaintiff's

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It appears that a Scheduling Order was not issued in this action, which likely led to Plaintiff's confusion. Accordingly, the Court ORDERS the Clerk of Court to issue a Scheduling Order for informational purposes.

IT IS SO ORDERED. Dated: 3b142a

January 15, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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