Sanchez v. Colvin

Filing 28

REPORT AND RECOMMENDATION re 18 MOTION to Withdraw as Attorney Of Record. Objections to R&R due by 8/21/2017. Replies due by 8/28/2017. Signed by Judge Jeffrey T. Miller on 8/07/2017.(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SALVADOR DEALBA SANCHEZ,
Plaintiff,

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v.

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NANCY BERRYHILL, Acting
Commissioner of Social Security,1

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Defendant.

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Case No.: 16cv2112-JM-MDD
REPORT AND
RECOMMENDATION RE:
PLAINTIFF COUNSEL’S MOTION
TO WITHDRAW AS ATTORNEY
OF RECORD
[ECF NO. 18]

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On July 26, 2017, the Court held a hearing on Plaintiff counsel’s Motion

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to Withdraw as Attorney of Record. (ECF No. 18). Plaintiff’s attorney,

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Denise Bourgeois Haley, Plaintiff Sanchez and counsel for Defendant, Jeffery

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Chen appeared for the hearing.2 During the hearing Plaintiff Sanchez

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confirmed that he is seeking new counsel and agrees to the withdrawal of his

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On January 20, 2017, Carolyn Colvin stepped down as the Acting Commissioner of Social
Security and was succeeded by Nancy Berryhill. See Federal Rule of Civil Procedure 25(d).
2 Attorney for Defendant is based in San Francisco and was allowed to participate by
telephone.
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16cv2112-JM-MDD

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current counsel. Plaintiff was advised by the Court that he will have to

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comply with the revised scheduling order to be issued by the Court with or

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without new counsel.

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Accordingly, the Court RECOMMENDS that Attorney Haley’s Motion

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to Withdraw as Counsel to Plaintiff Salvador Dealba Sanchez be GRANTED.

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This Report and Recommendation of the undersigned Magistrate Judge is

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submitted to the United States District Judge assigned to this case, pursuant

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to the provisions of 28 U.S.C. § 636(b)(1).

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IT IS HEREBY ORDERED that any written objections to this report

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must be filed with the court and served on all parties no later than August

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21, 2017. The document should be captioned “Objections to Report and

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Recommendation.”

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IT IS FURTHER ORDERED that any reply to the objections shall be

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filed with the court and served on all parties no later than August 28, 2017.

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The parties are advised that failure to file objections within the specific time

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may waive the right to raise those objections on appeal of the Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 7, 2017

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16cv2112-JM-MDD