McNeil v. Commissioner of Social Security

Filing 40

ORDER Requiring a Response From Plaintiff re Appointment of Counsel No Later Than March 30, 2018, signed by Magistrate Judge Gary S. Austin on 3/15/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARLEY McNEIL,

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Plaintiff,
ORDER REQUIRING A RESPONSE FROM
PLAINTIFF RE: APPOINTMENT OF
COUNSEL NO LATER THAN MARCH 30,
2018

vs.

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1:15-cv-01442 AWI-GSA

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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On February 22, 2018, an order was issued advising Plaintiff that the Court sua sponte

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determined that appointment of counsel was warranted. The Court contacted attorney Jonathan

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Pena who agreed to represent Plaintiff. (Doc. 39). The Court’s previous order required that

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Plaintiff advise the Court of whether he would accept the appointment of counsel no later than

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March 2, 2018. To date, Plaintiff has not responded to the Court’s order. As such, the Court will

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give Plaintiff one further opportunity to comply with the Court’s previous order. Accordingly, no

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later than March 30, 2018, Plaintiff shall file a statement indicating whether or not he will

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accept the appointment of counsel. If no response is filed, the Court will presume that Plaintiff

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accepts the appointment of counsel and will have Mr. Pena contact the Plaintiff. Once counsel is

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appointed, the Court expects that Plaintiff will cooperate with Mr. Pena and assist him with the

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prosecution of the case, or the appointment of counsel will be rescinded and Mr. Pena will be

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permitted to withdraw.

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IT IS SO ORDERED.
Dated:

March 15, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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