PS (SS) Gibbons v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 6/1/11 ORDERING plaintiff to file completed Consent form within 14 days of the entry of this order. Failure to do so may subject plaintiff to sanctions. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HAROLD DWANE GIBBONS,

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Plaintiff,

2:10-cv-02880-KJN

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v.
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COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

ORDER
/

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A Scheduling Order dated November 1, 2010, directed the parties in this case to

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file completed “Consent to / Decline of Jurisdiction of US Magistrate Judge” forms within 90

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days of the receipt of that order.1 (Dkt. No. 5 at 1.) The form can be obtained from the Clerk’s

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Office or, alternatively, can be printed from the court’s electronic docket in this case at Docket

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Number 5.

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This action proceeds before the undersigned pursuant to 42 U.S.C. §§ 405(g),
1383(c)(3), and Eastern District Local Rule 302(c)(15).
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A review of the court’s docket reflects that plaintiff Harold Dwane Gibbons, has

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not filed this required “Consent to / Decline of Jurisdiction of US Magistrate Judge” form.

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Accordingly, plaintiff is ordered to file a completed “Consent to / Decline of Jurisdiction of US

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Magistrate Judge” forms within fourteen days of the entry of this order. Failure to do so may

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subject plaintiff to sanctions.2

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IT IS SO ORDERED.
DATED: June 1, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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While plaintiff is proceeding without counsel in this action, plaintiff nonetheless has
the obligation to comply with court orders and Eastern District Local Rules. Plaintiff has been
reminded of this obligation previously in this case. (Dkt. Nos. 7-8.) “Pro se litigants must
follow the same rules of procedure that govern other litigants.” King v. Atiyeh, 814 F.2d 565,
567 (9th Cir. 1987); see Local Rule 110 (“Failure of counsel or of a party to comply with these
Rules or with any order of the Court may be grounds for imposition by the Court of any and all
sanctions authorized by statute or Rule or within the inherent power of the Court.”); Local Rule
183(a) (“Any individual representing himself or herself without an attorney is bound by the
Federal Rules of Civil or Criminal Procedure, these Rules, and all other applicable law.”); see
Hells Canyon Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005)
(recognizing that a court may dismiss an action pursuant to Federal Rule of Civil Procedure 41(b)
sua sponte for a plaintiff’s failure to prosecute or comply with the rules of civil procedure or the
court’s orders); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam) (“Failure to follow
a district court’s local rules is a proper ground for dismissal.”).
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