Reynolds v. Astrue

Filing 25

ORDER directing Commissioner to respond to Objections to M&R re: 23 MEMORANDUM AND RECOMMENDATIONS.( Response/Replies due by 3/9/2012.) Signed by District Judge Max O. Cogburn, Jr on 2/27/2012. (bsw)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11cv49
GORDON REYNOLDS,
Plaintiff,
Vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_______________________________

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ORDER

THIS MATTER is before the court on preliminary review of the Memorandum and
Recommendation of the magistrate judge and plaintiff’s objections. Such objections contain
serious contentions, such as “the magistrate judge falsely stated . . . .” See Objections (#24),
at 3. Allegations that a judicial officer did something “falsely” concern this court and, before
taking further action on such accusations, the court believes that a response to the objections
should be filed by the defendant even though the time for doing so has expired.1 28 U.S.C.

§ 636(b)(1)(C); Fed.R.Civ.P. 72. The Commissioner will, therefore, be granted leave to file
a response by March 9, 2012.

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Counsel for plaintiff is advised that “falsely” is not synonymous with
“incorrectly” or “erroneously,” and that public confidence in the judiciary is not well served
where the terms are used interchangeably. Counsel for plaintiff is cautioned not to use the word
falsely unless he is alleging an intentional falsehood on the part of the Magistrate Judge.

ORDER
IT IS, THEREFORE, ORDERED that the Commissioner file his response to the
objections not later than March 9, 2012.

Signed: February 27, 2012

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