(SS) Silveira v. Commissioner of Social Security

Filing 6

ORDER TO SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/7/2019. Within 14 days of this order, Plaintiff shall either: (a) Submit the required documents to the USM and the Court regarding service of process and submit a consent/d ecline designation to the Court, as required by the Court's 5 Scheduling Order; or (b) If Plaintiff concludes he does not wish to pursue the action at this juncture, he may instead file a notice of voluntary dismissal of the action without prejudice. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY J. SILVEIRA, III,

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Plaintiff,

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No. 2:19–cv–933–KJN
ORDER TO SHOW CAUSE

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On June 24, 2019, the Court granted Plaintiff’s motion to proceed in forma pauperis, and

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the Clerk of Court electronically served on Plaintiff the Court’s IFP order, the summons, and the

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scheduling order. (ECF Nos. 3-5.) The Court’s scheduling order stated that “[w]ithin fourteen

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(14) days from the date of this order, plaintiff shall submit to the United States Marshal an

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original and five copies of the completed summons, five copies of the complaint, five copies of

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the scheduling order, and a completed USM-285 form, and shall file a statement with the court

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that such documents have been submitted to the United States Marshal.” (ECF No. 3 at p. 2).

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The United States Marshal was directed to then serve all process within sixty (60) days. (Id.)

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Further, the scheduling order required that by September 26, 2019, the parties should designate

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whether they consent to the magistrate judge’s jurisdiction. 28 U.S.C. § 636(c); see also ECF No.

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5, (Scheduling Order, requesting parties’ designation regarding consent within 90 days).

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The Court’s records indicate that Plaintiff failed to file a statement with the Court

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indicating that the required documents were submitted to the United States Marshal.

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Furthermore, the Commissioner has not yet appeared in the action. This strongly suggests that

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Plaintiff failed to submit the process documents to the United States Marshal in compliance with

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the Court’s order. Additionally, the docket shows that Plaintiff has not yet indicated whether he

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consents to the jurisdiction of the magistrate judge for all purposes. 28 U.S.C. § 636(c); see also

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ECF No. 5. Plaintiff is under no obligation to consent, but a consent/decline designation assists

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the Court in determining how the action will be administratively processed.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Within fourteen (14) days of this order, Plaintiff shall either:
a. Submit the required documents to the USM and the Court regarding service of

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process and submit a consent/decline designation to the Court, as required by

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the Court’s scheduling order (ECF No. 5); or

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b. If Plaintiff concludes he does not wish to pursue the action at this juncture, he

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may instead file a notice of voluntary dismissal of the action without prejudice

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

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2.

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in dismissal of the action pursuant to Federal Rule of Civil Procedure 41(b).

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Failure to respond to this order to show cause by the required deadline will result

IT IS SO ORDERED.
Dated: October 7, 2019

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silv.933

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