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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES SIDNEY YARBROUGH, 12 13 14 15 16 No. 2:17-cv-1953-KJN Plaintiff, v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 17 18 On January 3, 2018, the Commissioner lodged and served the administrative transcript in 19 this matter. (ECF No. 8.) According to the court’s scheduling order, plaintiff was required to file 20 a motion for summary judgment and/or remand within 45 days from being served with a copy of 21 the administrative record. (ECF No. 3.) It appears that the 45-day deadline has now passed, and 22 that plaintiff has yet to file a motion for summary judgment and/or remand. 23 On February 28, 2018, plaintiff filed a request for clarification as to how he should 24 proceed with the case. (ECF No. 13.) As noted above, plaintiff is required to proceed with the 25 case by filing a motion for summary judgment and/or remand, which should contain all of his 26 arguments for why he believes the Commissioner’s final decision was erroneous and should be 27 reversed and/or remanded. Although the deadline for such a motion has already passed, the court 28 finds it appropriate, in light of plaintiff’s pro se status, to provide plaintiff with an extension to 1 1 2 file his motion for summary judgment and/or remand. Additionally, the court notes that plaintiff has not yet indicated whether he consents to the 3 jurisdiction of the undersigned for all purposes pursuant to 28 U.S.C. § 636(c). Importantly, 4 plaintiff is under no obligation to so consent, but the consent/decline designation assists the court 5 in determining how the action will be administratively processed. Therefore, the court orders 6 plaintiff to also file a consent/decline designation along with his motion for summary judgment 7 and/or remand. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Plaintiff’s request for clarification (ECF No. 13) is GRANTED. 10 2. Plaintiff shall file his motion for summary judgment and/or remand no later than April 11 9, 2018. The deadlines for the filing of any opposition or reply briefs shall be as 12 provided for in the operative scheduling order (see ECF No. 3). 13 14 15 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 16 court’s scheduling order (ECF No. 3) as well as a blank form for consenting 17 to/declining the jurisdiction of a United States Magistrate Judge. 18 Dated: March 13, 2018 19 20 21 22 23 24 25 26 27 28 2

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