Johnson v. Commissioner of Social Security

Filing 21

ORDER signed by Magistrate Judge Craig M. Kellison on 07/19/18 STRIKING 9 Motion to Remand and DENYING 11 Motion for Default Judgment. (Benson, A.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LORENA ANGELA JOHNSON,

12

Plaintiff,

13
14

No. 2:18-CV-0005-CMK

vs.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

15
Defendant.
16
/
17
18

Plaintiff, who is proceeding with retained counsel, brings this action under 42

19

U.S.C. § 405(g) for judicial review of a final decision of the Commissioner of Social Security.

20

When the action was initiated, plaintiff was proceeding pro se. While proceeding pro se, plaintiff

21

filed a document with this court (Doc. 9) which appears to be a letter to defendant requesting

22

voluntary remand. Because the document is not a proper pleading or motion and does not seek

23

any relief from the court, and because it was filed by plaintiff pro se and plaintiff is now

24

represented by counsel, it will be stricken from the record.

25

///

26

///
1

1

While pro se, plaintiff also filed a document entitled “Request for Default

2

Judgment.” That request will be denied because, at the time it was filed, the deadline to respond

3

to the complaint had not passed and, as such, defendant was not in default.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

Plaintiff’s pro se filing (Doc. 9) is stricken; and

6

2.

Plaintiff pro se request for default judgment (Doc. 11) is denied.

7
8
9
10

DATED: July 19, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2