Winfield v. Commissioner of Social Security

Filing 10

ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If the parties consent to having the Magistrate Judge decide the case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (becau se only one judge instead of two will be involved in the case). As further set forth in this Order. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED (Signed by Judge Jennifer L. Rochon on 8/30/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANTHONY S. WINFIELD,
Plaintiff,
No. 1:24-cv-04278 (JLR)

-against-

ORDER

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

JENNIFER L. ROCHON, United States District Judge:
Through a notice of electronic filing, the Court shall notify the Commissioner of the
Social Security Administration through its Office of General Counsel and the U.S. Attorney’s
Office for the Southern District of New York of the filing of this pro se case, brought pursuant to
42 U.S.C. § 405(g), for which the filing fee has been waived. By separate Order today, the Court
is referring this case to the assigned Magistrate Judge for a report and recommendation on any
motion for judgment on the pleadings. Magistrate Judges are judges selected by the District
Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very
experienced.
To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster
disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are
willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the
assigned Magistrate Judge. If the parties consent to having the Magistrate Judge decide the case,
the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case
(because only one judge instead of two will be involved in the case). Any appeal from a
Magistrate Judge’s decision following consent is directly to the United States Court of Appeals
for the Second Circuit in the same way that an appeal from a District Judge’s decision would be
taken. By contrast, if the parties do not consent to having the Magistrate Judge decide the case,
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the Magistrate Judge will first issue a Report and Recommendation, and the District Judge will
then consider any objections either party has to the Report and Recommendation before a final
judgment is entered, at which point an appeal to the Second Circuit could be taken.
If both parties consent to proceed before the Magistrate Judge, counsel for Defendant
must, within two weeks of the date of this Order, submit a fully executed Notice, Consent, and
Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order
(and also available at https://nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If
the Court approves that form, all further proceedings will then be conducted before Magistrate
Judge Figueredo rather than before the undersigned. An information sheet on proceedings before
magistrate judges is also attached to this Order.
If you do not consent to having the Magistrate Judge decide your case, there will be no
adverse consequences. If either party does not consent to conducting all further proceedings
before the Magistrate Judge, the parties must file a joint letter, within two weeks of the date of
this Order, advising the Court that the parties do not consent, but without disclosing the
identity of the party or parties who do not consent.
The Clerk of the Court is directed to mail a copy of this Order to Plaintiff.
Dated: August 30, 2024
New York, New York
SO ORDERED.

JENNIFER L. ROCHON
United States District Judge

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