Hicks v. Commissioner of Social Security

Filing 24

ORDER DIRECTING Pro Se Plaintiff to File Opening Brief by June 13, 2011; ORDER DIRECTING Clerk to Serve Pro Se Plaintiff signed by Magistrate Judge Sandra M. Snyder on 5/12/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD A. HICKS,

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1:10-cv-00515-SMS
ORDER DIRECTING PRO SE
PLAINTIFF TO FILE OPENING
BRIEF BY JUNE 13, 2011

Plaintiff,

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vs.

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MICHAEL J. ASTRUE,
Commissioner of Social
Security,

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ORDER DIRECTING CLERK TO
SERVE PRO SE PLAINTIFF

Defendants.
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Plaintiff is proceeding pro se with this action seeking

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judicial review of a final decision of the Commissioner of Social

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Security denying his application for benefits.

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consent of the parties (Docs. 8 & 10), the matter has been

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referred to the Magistrate Judge for all proceedings, including

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the entry of final judgment, pursuant to 28 U.S.C. § 636(c), Fed.

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R. Civ. P. 73(b), and Local Rule 301.

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Pursuant to the

The motion of Attorney Denise Bourgeois Haley to withdraw as

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attorney of record for plaintiff (Doc. 18) was granted on

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February 11, 2011 (Doc. 22).

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that the Court grant plaintiff additional time to find new

Ms. Haley also requested therein

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counsel, and extend the time for plaintiff to file his opening

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brief.

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March 31, 2011, by which to file his opening brief.

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since on or about March 25, 2011, up to and through approximately

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May 9, 2011, this Court’s staff has attempted to assist plaintiff

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in locating new legal counsel, which is in the best interest of

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all concerned, by providing an attorney in Bakersfield, as well

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as an attorney in Modesto, with a copy of plaintiff’s 500-page

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administrative record on disc for review.

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Therefore, the Court granted plaintiff to and through
However,

Upon review, both

attorneys have declined to represent plaintiff.
Therefore, referencing and reiterating herein for

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plaintiff’s convenience, the Court’s order of February 11, 2011,

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specifically, pages 4-6 thereof, plaintiff is HEREBY ORDERED to

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file his opening brief by June 13, 2011, with or without the

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assistance of legal counsel, utilizing the following guidelines:

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Plaintiff’s Opening Brief

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Plaintiff’s opening brief must be filed and served by June

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13, 2011.

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Defendant by serving all the attorneys listed for defendant on

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the court docket, at the addresses noted on the court docket, as

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follows:

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Plaintiff must serve a copy of the opening brief on

Daniel P. Talbert
Social Security Administration
333 Market Street, Suite 1500
San Francisco, CA 94105
415-977-8926
Fax: [phone]

Alyson A. Berg
United States Attorney's Office
2500 Tulare Street, Suite 4401
Fresno, CA 93721
559-497-4000
Fax: [phone]

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Plaintiff must also file the original opening brief,

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together with a copy, with the Court, by either personal delivery

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or via U.S. mail, as follows:
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Office of the Clerk
United States District Court
Eastern District of California
2500 Tulare Street, Suite 1501
Fresno, CA 93721

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Plaintiff’s opening brief must contain the following:

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(1)

a plain description of plaintiff’s alleged physical or

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emotional impairments, when plaintiff contends they became

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disabling, and how they disabled plaintiff from work;

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(2)

a summary of the administrative proceedings before the

Social Security Administration;
(3)

a summary of the relevant testimony at the

administrative hearing;
(4)

a summary of all relevant medical evidence, including

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an explanation of the significance of clinical and laboratory

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findings, and the purpose and effect of prescribed medication and

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therapy;

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(5)

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a recitation of the Social Security Administration’s

findings and conclusions relevant to plaintiff’s claims;
(6)

a short, separate statement of each of plaintiff’s

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legal claims stated in terms of the insufficiency of the evidence

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to support a particular finding of fact or reliance on an

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erroneous legal standard; and,

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(7)

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All references to the administrative record and all

argument separately addressing each claimed error.

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assertions of fact must be accompanied by citations to the

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administrative record.

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error must be supported by citation to legal authority and

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explanation of the application of such authority to the facts of

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the particular case.

Argument in support of each claim of

Briefs that do not substantially comply
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with these requirements will be stricken.

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stricken becomes null and void and is not considered by the Court

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for any purpose.

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A document that is

PLAINTIFF IS HEREIN ADVISED THAT FAILURE TO TIMELY FILE HIS

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OPENING BRIEF WILL RESULT IN OUTRIGHT DISMISSAL OF THIS ENTIRE

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ACTION.

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IT IS SO ORDERED.

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Dated:
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May 12, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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