Pinkston v. Saul

Filing 6

ORDER denying as moot 5 Motion for Order to Show Cause; Signed by Magistrate Judge Elayna J. Youchah on 11/20/2020. (Copies have been distributed pursuant to the NEF, cc: 3 Order to SSA, Atty General Certified Mail - JM)

Case 2:20-cv-01747-EJY Document 6 Filed 11/20/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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F.G. PINKSTON,

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Case No. 2:20-cv-01747-EJY

Plaintiff,
ORDER

v.
ANDREW SAUL, Commissioner of Social
Security,
Defendant.

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Before the Court is Plaintiff F.G. Pinkston’s Motion for Order to Show Cause. ECF No. 5.

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Plaintiff, who is proceeding pro se, challenges the Social Security Administration’s (the

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“Administration”) denial of disability benefits on behalf of his minor grandchild, who is only

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identified throughout the filings as “B.A.P.”

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On October 8, 2020, the Court granted Plaintiff’s Application for Leave to Proceed in forma

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pauperis, dismissed his Complaint without prejudice, and remanded this action to the Commissioner

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pursuant to sentence four of 42 U.S.C. § 405(g) for a “good cause” hearing concerning B.A.P.’s

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representative’s failure to appear at the administrative hearing scheduled on or about November 4,

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2019. ECF No. 3 at 6-7. Defendant was not served with this Order and opposing counsel has not

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appeared.

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Plaintiff requests an order to show cause be issued to Defendant for failing to comply with

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the Court’s October 8, 2020 Order. ECF No. 5 at 1. Plaintiff represents that he spoke with the

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Administration’s Las Vegas Hearing Office and Appeals Council, the latter of which informed

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Plaintiff that “no action could happen because the [Administration’s] San Francisco General

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[C]ounsel’s office had not acted.” Id. at 2. However, Defendant’s nonresponse was due to the

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Court’s error, which it corrects at this time.

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Accordingly,

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IT IS HEREBY ORDERED that the Clerk of the Court shall serve the Commissioner of the

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Social Security Administration a copy of the Court’s October 8, 2020 Order (ECF No. 3) by certified
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Case 2:20-cv-01747-EJY Document 6 Filed 11/20/20 Page 2 of 2

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mail to: (1) Office of the Regional Chief Counsel, Region IX, Social Security Administration, 160

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Spear Street, Suite 800, San Francisco, CA 94105, and (2) the Attorney General of the United States,

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Department of Justice, 950 Pennsylvania Ave. NW, Washington DC 20530. Due to the Court’s

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delay, it requests the Social Security Administration make its best efforts to schedule the good cause

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hearing discussed herein within sixty (60) court days from the date of service.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Order to Show Cause (ECF No. 5)
is DENIED as moot.
DATED THIS 20th day of November, 2020.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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