Lackey v. Commissioner of Social Security
ORDER Concerning Consent to Magistrate Judge. Signed by Magistrate Judge Jane M. Virden on 10/7/19. (irw)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO.: 1:19-cv-145-SA-JMV
COMMISSIONER OF SOCIAL SECURITY
ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE
It is the policy of the district judges of the Northern District of Mississippi to strongly
encourage the parties in social security disability cases to consent to have their cases handled by a
magistrate judge. Consent streamlines the legal process because the legal standard of review is
identical at all levels in the judicial review process. If the parties consent to have the case handled
by a magistrate judge, the undersigned will enter a final decision and judgment in due course. Any
appeal of this judgment must be taken directly to the Fifth Circuit Court of Appeals. If the parties
do not consent to have the case handled by a magistrate judge, the undersigned will prepare and
file a Report and Recommendation for consideration by the district judge assigned to the case. The
district judge will then enter a final decision and judgment in due course. An appeal from that
judgment is taken to the Fifth Circuit.
Accordingly, it is
Within fifteen days of the filing of Plaintiff’s brief, the Commissioner shall initiate
contact with plaintiff’s counsel (or plaintiff if appearing pro se) to discuss consent to the
jurisdiction of the magistrate judge. If the parties consent to have a magistrate judge handle the
case, each counsel (or plaintiff if appearing pro se) shall sign the Consent to Exercise of
Jurisdiction by a United States Magistrate Judge portion of the Notice which is an attachment with
the scheduling order and submit the signed consent form to the district judge within thirty days of
the filing of plaintiff’s brief. The district judge will sign the Order of Reference referring the case
to the appropriate magistrate judge.
If the parties do not consent to the jurisdiction of a magistrate judge, the Commissioner
shall within twenty days from the date of filing of plaintiff’s brief file a notice with the court stating
that the parties do not consent to the jurisdiction of a magistrate judge. This notice shall not
identify which party or parties withhold consent.
ORDERED, this, the 7th day of October 2019.
s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
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