Roberts v. Commissioner of Social Security

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 8/10/2011 ORDERING that Pltf shall SHOW CAUSE, within 30 days, why this action should not be dismissed for failure to inform the court regarding consent to Magistrate Judge jurisdiction, as required by the court's scheduling order. The Clerk to send Pltf a consent form. The court's 6 order to show cause is DISCHARGED. (Zignago, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JAMES ROBERTS, SR., 12 Plaintiff, 13 14 No. CIV S-11-0373-CMK vs. ORDER COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 / 17 18 Plaintiff, who is proceeding with retained counsel, brings this action for judicial 19 review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). A 20 review of the docket reflects that defendant has notified the court regarding consent to proceed 21 before a Magistrate Judge. Plaintiff, however, has not notified the court regarding consent. 22 Pursuant to the court’s scheduling order and Eastern District of California Local Rules, Appendix 23 A, the time to do so has now expired. 24 /// 25 /// 26 /// 1 1 Plaintiff shall show cause in writing, within 30 days of the date of this order, why 2 this action should not be dismissed for failure to inform the court regarding consent to Magistrate 3 Judge jurisdiction, as required by the court’s scheduling order. The Clerk of the Court is directed 4 to serve on plaintiff a copy of the court’s form entitled “Consent to Assignment or Request for 5 Reassignment.” Plaintiff is warned that failure to respond to this order may result in the 6 dismissal of the action for the reasons discussed above, as well as for failure to prosecute and 7 comply with court rules and orders. See Local Rule 110. 8 9 10 11 Further reviewing the docket, the court notes that plaintiff has complied with the required procedures for service of the complaint on defendant. The court’s April 15, 2011, order to show cause is, therefore, discharged. IT IS SO ORDERED. 12 13 14 15 DATED: August 10, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

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