Leon v. Commissioner of Social Security

Filing 22

ORDER re Consent or Decline Magistrate Judge Jurisdiction signed by Magistrate Judge Stanley A. Boone on 4/18/2017. 5-Day Filing Deadline. (Attachments: # 1 Consent Form). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOY LEON,
Plaintiff,

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Case No. 1:16-cv-00361-SAB
ORDER RE CONSENT OR DECLINE
MAGISTRATE JUDGE JURISDICTION

v.
FIVE DAY DEADLINE

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COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.
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On March 16, 2016, Plaintiff Joy Leon (“Plaintiff”), proceeding pro se and in forma

19 pauperis, filed this action seeking judicial review of a final decision of the Commissioner of
20 Social Security (“Commissioner” or “Defendant”) denying her application for disability benefits
21 pursuant to the Social Security Act. On March 28, 2017, initial case documents issued, including
22 the order re consent. Plaintiff did not return the order re consent. On May 5, 2016, the
23 Commissioner consented to the jurisdiction of the magistrate judge. On September 8, 2016, a
24 notice of appearance was filed, and Plaintiff is now represented by counsel in this action.
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Although the Commissioner has consented to the jurisdiction of the magistrate judge,

26 Plaintiff did not return the form indicating whether or not she is willing to consent to the
27 jurisdiction of the magistrate judge. As Plaintiff is now represented by counsel in this action, the
28 Court shall direct the Clerk of the Court to send a consent or decline form. Plaintiff is advised

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1 that she is free to withhold consent without adverse substantive consequences
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Clerk of the Court is direct to provide Plaintiff with a Consent to Assignment
or Request for Reassignment form;

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2.

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Within five (5) days from the date of service of this order, Plaintiff may complete
and return the Consent to Assignment or Request for Reassignment form;

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3.

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If Plaintiff does not return the Consent to Assignment or Request for

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Reassignment form in compliance with this order, this action will be assigned to a

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district judge for issuance of findings and recommendations; and
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Plaintiff is advised that she is free to withhold consent or decline magistrate
jurisdiction without adverse substantive consequences.

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IT IS SO ORDERED.

14 Dated:

April 18, 2017
UNITED STATES MAGISTRATE JUDGE

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