(SS)(PS) Brady v. Commissioner of Social Security

Filing 5

ORDER signed by Magistrate Judge Allison Claire on 10/7/2019 DIRECTING plaintiff to file his consent or decline form no later than 10/18/2019. Failure to file the form may result in dismissal for failure to prosecute this case. (York, M)

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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 DEBBY K. BRADY, 12 13 14 15 16 No. 2:19-cv-01116-AC Plaintiff, v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 17 18 Plaintiff is proceeding in this social security matter pro se. The matter is accordingly 19 referred to the undersigned pursuant to E.D. Cal. 302(c)(21) and Appx. A(j)(1). On June 18, 20 2019 plaintiff was served with a Consent or Decline form which she was directed to file by 21 September 19, 2019. ECF No. 3. Plaintiff did not file the form indicating whether she consents 22 to Magistrate Judge jurisdiction. 23 In light of plaintiff’s pro se status, the court informs plaintiff that consenting to Magistrate 24 Judge jurisdiction is not required but is the general practice for Social Security cases in the 25 Eastern District of California. In this district, Magistrate Judges are most familiar with Social 26 Security cases and the applicable law. Consent to Magistrate Judge jurisdiction enables the 27 Magistrate Judge to rule directly on the case, which prevents delay. If plaintiff chooses to decline 28 Magistrate Judge jurisdiction, this case will be assigned to a District Judge. In that case, the 1 matter will likely be referred to the Magistrate Judge for preparation of findings and 2 recommendations, which will then be sent to the district judge for a final order after a period of 3 time for objections from either party. That process takes more time. In this case, the defendant 4 has already agreed to Magistrate Judge jurisdiction. ECF No. 4. 5 The Clerk of Court is hereby directed to serve this order and a second copy of the Consent 6 or Decline form upon plaintiff, and plaintiff is ORDERED to file his consent or decline form no 7 later than October 18, 2019. Failure to file the form may result in dismissal for failure to 8 prosecute this case. 9 10 IT IS SO ORDERED. DATED: October 7, 2019 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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