Turner v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 1/24/2019 ORDERING plaintiff to file his Consent or Decline Form no later than 2/7/2019. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT TURNER.,

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No. 2:18-cv-00022-AC

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff is proceeding in this social security matter pro se. The matter is accordingly

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referred to the undersigned pursuant to E.D. Cal. 302(c)(21) and Appx. A(j)(1). On January 10,

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2018, plaintiff was served with a Consent or Decline form which he was directed to file by April

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13, 2018. ECF No. 4. Plaintiff did not file the form indicating whether he consents to Magistrate

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Judge jurisdiction.

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In light of plaintiff’s pro se status, the court informs plaintiff that consenting to Magistrate

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Judge jurisdiction is not required but is the general practice for social security cases in the Eastern

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District of California. In this district, Magistrate Judges are most familiar with Social Security

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cases and the applicable law. Consent to Magistrate Judge jurisdiction enables the Magistrate

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Judge to rule directly on the case, which prevents delay. If plaintiff chooses to decline Magistrate

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Judge jurisdiction, this case will be assigned to a District Judge. In that case, the matter will

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likely be referred to the Magistrate Judge for preparation of findings and recommendations,

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which will then be sent to the district judge for a final order after a period of time for objections

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from either party. That process takes more time. In this case, the defendant has already agreed to

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Magistrate Judge jurisdiction. Plaintiff’s failure to file the consent or decline form is delaying a

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final ruling on his case.

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The Clerk of Court is hereby directed to serve this order and a second copy of the Consent

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or Decline form upon plaintiff, and plaintiff is ORDERED to file his consent or decline form no

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later than February 7, 2019.

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IT IS SO ORDERED.
DATED: January 24, 2019

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