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)

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Case 2:20-cv-01747-EJY Document 6 Filed 11/20/20 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 F.G. PINKSTON, 5 6 7 8 Case No. 2:20-cv-01747-EJY Plaintiff, ORDER v. ANDREW SAUL, Commissioner of Social Security, Defendant. 9 10 Before the Court is Plaintiff F.G. Pinkston’s Motion for Order to Show Cause. ECF No. 5. 11 Plaintiff, who is proceeding pro se, challenges the Social Security Administration’s (the 12 “Administration”) denial of disability benefits on behalf of his minor grandchild, who is only 13 identified throughout the filings as “B.A.P.” 14 On October 8, 2020, the Court granted Plaintiff’s Application for Leave to Proceed in forma 15 pauperis, dismissed his Complaint without prejudice, and remanded this action to the Commissioner 16 pursuant to sentence four of 42 U.S.C. § 405(g) for a “good cause” hearing concerning B.A.P.’s 17 representative’s failure to appear at the administrative hearing scheduled on or about November 4, 18 2019. ECF No. 3 at 6-7. Defendant was not served with this Order and opposing counsel has not 19 appeared. 20 Plaintiff requests an order to show cause be issued to Defendant for failing to comply with 21 the Court’s October 8, 2020 Order. ECF No. 5 at 1. Plaintiff represents that he spoke with the 22 Administration’s Las Vegas Hearing Office and Appeals Council, the latter of which informed 23 Plaintiff that “no action could happen because the [Administration’s] San Francisco General 24 [C]ounsel’s office had not acted.” Id. at 2. However, Defendant’s nonresponse was due to the 25 Court’s error, which it corrects at this time. 26 Accordingly, 27 IT IS HEREBY ORDERED that the Clerk of the Court shall serve the Commissioner of the 28 Social Security Administration a copy of the Court’s October 8, 2020 Order (ECF No. 3) by certified 1 Case 2:20-cv-01747-EJY Document 6 Filed 11/20/20 Page 2 of 2 1 mail to: (1) Office of the Regional Chief Counsel, Region IX, Social Security Administration, 160 2 Spear Street, Suite 800, San Francisco, CA 94105, and (2) the Attorney General of the United States, 3 Department of Justice, 950 Pennsylvania Ave. NW, Washington DC 20530. Due to the Court’s 4 delay, it requests the Social Security Administration make its best efforts to schedule the good cause 5 hearing discussed herein within sixty (60) court days from the date of service. 6 7 8 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. 9 10 11 12 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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