Yarbrough v. Commissioner of Social Security

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2018 GRANTING 13 Request for Clarification; Plaintiff shall file MSJ and a consent/decline designation to the jurisdiction of a U.S. Magistrate Judge by 4/9/2018. Refer to 3 Scheduling Order re deadlines for filing any opposition or reply briefs. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES SIDNEY YARBROUGH,

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No. 2:17-cv-1953-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On January 3, 2018, the Commissioner lodged and served the administrative transcript in

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this matter. (ECF No. 8.) According to the court’s scheduling order, plaintiff was required to file

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a motion for summary judgment and/or remand within 45 days from being served with a copy of

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the administrative record. (ECF No. 3.) It appears that the 45-day deadline has now passed, and

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that plaintiff has yet to file a motion for summary judgment and/or remand.

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On February 28, 2018, plaintiff filed a request for clarification as to how he should

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proceed with the case. (ECF No. 13.) As noted above, plaintiff is required to proceed with the

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case by filing a motion for summary judgment and/or remand, which should contain all of his

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arguments for why he believes the Commissioner’s final decision was erroneous and should be

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reversed and/or remanded. Although the deadline for such a motion has already passed, the court

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finds it appropriate, in light of plaintiff’s pro se status, to provide plaintiff with an extension to
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file his motion for summary judgment and/or remand.
Additionally, the court notes that plaintiff has not yet indicated whether he consents to the

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jurisdiction of the undersigned for all purposes pursuant to 28 U.S.C. § 636(c). Importantly,

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plaintiff is under no obligation to so consent, but the consent/decline designation assists the court

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in determining how the action will be administratively processed. Therefore, the court orders

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plaintiff to also file a consent/decline designation along with his motion for summary judgment

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and/or remand.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for clarification (ECF No. 13) is GRANTED.

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2. Plaintiff shall file his motion for summary judgment and/or remand no later than April

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9, 2018. The deadlines for the filing of any opposition or reply briefs shall be as

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provided for in the operative scheduling order (see ECF No. 3).

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3. Plaintiff shall file a consent/decline designation to the jurisdiction of a United States
Magistrate Judge no later than April 9, 2018.
4. The Clerk of Court shall serve on plaintiff along with this order another copy of the

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court’s scheduling order (ECF No. 3) as well as a blank form for consenting

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to/declining the jurisdiction of a United States Magistrate Judge.

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Dated: March 13, 2018

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