(SS)(PS) Brady v. Commissioner of Social Security
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DEBBY K. BRADY,
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No. 2:19-cv-01116-AC
Plaintiff,
v.
ORDER
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 June 18,
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2019 plaintiff was served with a Consent or Decline form which she was directed to file by
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September 19, 2019. ECF No. 3. Plaintiff did not file the form indicating whether she consents
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to Magistrate 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
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Eastern District of California. In this district, Magistrate Judges are most familiar with Social
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Security cases and the applicable law. Consent to Magistrate Judge jurisdiction enables the
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Magistrate Judge to rule directly on the case, which prevents delay. If plaintiff chooses to decline
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Magistrate Judge jurisdiction, this case will be assigned to a District Judge. In that case, the
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matter will likely be referred to the Magistrate Judge for preparation of findings and
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recommendations, which will then be sent to the district judge for a final order after a period of
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time for objections from either party. That process takes more time. In this case, the defendant
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has already agreed to Magistrate Judge jurisdiction. ECF No. 4.
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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 October 18, 2019. Failure to file the form may result in dismissal for failure to
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prosecute this case.
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IT IS SO ORDERED.
DATED: October 7, 2019
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