Bechelli-Gonzalez v. Commissioner of the Social Security Administration

Filing 23

ORDER RE: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re 19 Report and Recommendations,, Order Reassigning Case. ORDER REFERRING CASE to Magistrate Judge James for all purposes including final disposition and entry of judgment. Signed by Judge Yvonne Gonzalez Rogers on 12/6/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 12/6/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TERESA BECHELLI-GONZALEZ, 7 Plaintiff, 9 10 ORDER RE: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION vs. 8 CASE NO. 16-cv-07284-YGR COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Re: Dkt. No. 19 Defendant. United States District Court Northern District of California 11 12 Now before the Court is Magistrate Judge Maria-Elena James’ (the “Magistrate Judge”) 13 Report and Recommendation to dismiss without prejudice plaintiff Teresa Bechelli’s complaint 14 for judicial review of defendant’s denial of disability insurance benefits under the Social Security 15 Act for failure to prosecute. (Dkt. No. 19.) On October 16, 2017, the Magistrate Judge found that 16 plaintiff failed to file a timely written response to the Magistrate Judge’s order to show cause as to 17 why the case should not be dismissed for failure to prosecute.1 (See Dkt. Nos. 18, 19.) The 18 Magistrate Judge then ordered “the Clerk of the Court to reassign the case to a district court judge” 19 because defendant “did not yet consent to [Magistrate Judge] jurisdiction.” (Dkt. No. 19 at 4:18- 20 20.) 21 It is unclear why this case is before the district court in the first place, as the parties 22 previously consented to magistrate judge jurisdiction, (Dkt. Nos. 6, 9), and district court Judge 23 Jeffrey S. White referred the case to the Magistrate Judge for all purposes on that ground. (Dkt. 24 No. 10 (“Pursuant to Local Rule 72-1 and the consent of the parties, this matter is referred for 25 random assignment of a Magistrate Judge for all purposes including any trial or any other final 26 27 28 1 The Court notes that plaintiff has now filed a letter asserting that plaintiff filed a timely written response on November 9, 2017, which was postmarked November 21, 2017, and posted on the docket November 27, 2017. (Dkt. No. 22.) 1 disposition and entry of judgment.”) (Emphasis supplied.).) Accordingly, the matter is referred 2 back to Magistrate Judge Maria-Elena James for all purposes including final disposition and entry 3 of judgment. 4 IT IS SO ORDERED. 5 6 Dated: December 6, 2017 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 cc: Rose/MEJ 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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