Powell v. Commissioner of Social Security

Filing 3

ORDER: The Commissioner shall file an Answer and certified copy of the administrative record within sixty (60) days of service. Plaintiff must file a Statement of Errors within thirty (30) days of the date the Commissioner files the Answer and transc ript. The Commissioner must file a response to Plaintiff's Statement of Errors within thirty (30) days after service of Statement of Errors. Plaintiff's Reply, if any, must be filed fifteen (15) days later. If all parties consent to disposition of this case by the Magistrate Judge, parties should file their consents within thirty (30) days after the administrative record is filed. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/18/2013. (er1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

DOUGLAS WILLIAM POWELL,
Plaintiff,
Civil Action 2:13-cv-1022
Judge James L. Graham
Magistrate Judge Elizabeth P. Deavers

v.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER
Plaintiff, Douglas William Powell, brings this action under 42 U.S.C. §§ 405(g) for
review of a final decision of the Commissioner of Social Security (“Commissioner”) denying his
application for Social Security Disability Insurance Benefits and Supplemental Security Income.
In accordance with the Magistrate Judges’ General Order Concerning Social Security
Appeals (S.D. Ohio E.D. January 31, 2003), the Commissioner shall file and serve an Answer
and certified copy of the administrative record within sixty (60) days after service of the
summons and Complaint. Plaintiff must file a Statement of Errors within thirty (30) days after
the Answer and transcript are filed. Defendant must file and serve a Memorandum in Opposition
to Plaintiff’s Statement of Errors within thirty (30) days after service of the Statement of Errors.
Plaintiff’s Reply, if any, must be filed fifteen (15) days later.
If all parties consent under 28 U.S.C. § 636(c) to disposition of this case by the
Magistrate Judge, the parties should execute and file the attached Notice and Consent form
within thirty (30) days after the administrative record is filed.

IT IS SO ORDERED.

Date: October 18, 2013

/s/ Elizabeth A. Preston Deavers
Elizabeth A. Preston Deavers
United States Magistrate Judge

2

AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
Southern District of Ohio
__________ District of __________
Plaintiff

v.
Defendant

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)
)
)
)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent.

You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.