Estrada v. Commissioner of Social Security

Filing 16

ORDER Vacating Orders and Order Vacating Judgment and Reopening Case, signed by District Judge Anthony W. Ishii on 8/26/16. Objections to F&R Deadline: 9/12/2016. CASE REOPENED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SYLVIA ESTRADA,

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CASE NO. 1:16-CV-0497AWI SAB

Plaintiff
ORDER VACATING ORDERS AND
ORDER VACATING JUDGMENT AND
REOPENING CASE

v.
COMMISSIONER OF SOCIAL
SECURITY,

(Doc. Nos. 12, 13, 14, 15)
Defendant

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Plaintiff, who is proceeding pro se, seeks judicial review of a final decision of the

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Commissioner of Social Security denying certain disability benefits. On June 29, 2016, the

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Magistrate Judge issued a Findings and Recommendation (“F&R”) that recommended the

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dismissal of this case for failure to obey a court order and failure to prosecute. See Doc. No. 11.

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On August 3, 2016, the Court adopted the F&R and judgment was entered. See Doc. Nos. 12, 13.

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Plaintiff had been given 30 days in which to respond to the F&R, but had not done so by August 3,

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2016. On August 5, 2016, the Court issued an amended order adopting the F&R. See Doc. No.

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14. On August 25, 2016, Plaintiff filed a motion for reconsideration. See Doc. No. 15.

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A review of the docket indicates that the F&R was not mailed to Plaintiff until July 13,

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2016. Therefore, although more than 30 days had passed from the day of docketing, less than 30

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days had passed from the date of mailing the F&R. Under these circumstances, it is appropriate to

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vacate the judgment and reopen the case. Furthermore, the Court will give Plaintiff additional

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time in which to respond to the F&R.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:
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the Findings and Recommendation (Doc. Nos. 12, 14) are VACATED;
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The Order Adopting the Findings and Recommendation and the Amended Order Adopting

The judgment entered on August 3, 2016 (Doc. No. 13) is VACATED and this case is
REOPENED; and

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Plaintiff shall file a response to the Magistrate Judge’s June 29, 2016 Findings and
Recommendation on or before September 12, 2016.1

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IT IS SO ORDERED.
Dated: August 26, 2016
SENIOR DISTRICT JUDGE

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The Clerk must be in actual receipt of the response on or by September 12, 2016. Mailing a response on the day of
September 12, 2016, does not constitute a timely response.

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