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)

Download PDF
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. _______________________________ ) ) ) ) ) ) ) ) ) ) ) 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. 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?