Rasmussen v. Commissioner of Social Security

Filing 16

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION AND RE-REFERRING MATTER TO UNITED STATES MAGISTRATE JUDGE re 14 Report and Recommendation.Signed by Judge Robert J. Bryan. (JL)Paper copy sent to plaintiff at Tenino address . Modified on 12/23/2014 (JL).

1
2
3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

4
5
6

MELANIE RASMUSSEN,
Case No. C14-5007 RJB

7
8
9

Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

ORDER DECLINING TO ADOPT
REPORT AND RECOMMENDATION
AND RE-REFERRING MATTER TO
UNITED STATES MAGISTRATE JUDGE

10
Defendant.

11
12
13
14
15
16

This matter comes before the Court on the Report and Recommendation of the Honorable
Karen L. Strombom, United States Magistrate Judge. Dkt. 14. The Magistrate Judge
recommends that Plaintiff’s motion to withdraw her complaint be granted. Id.
In response to the Report and Recommendation, Plaintiff moves to withdraw her motion

17
18
19

for voluntary dismissal and requests the appointment of counsel. Dkt. 15. Although Plaintiff
states that she is unable to afford an attorney, Plaintiff has not provided the Court with a

20

sufficient showing that an appointment of counsel would be appropriate. Plaintiff should be

21

given the opportunity to do so.

22
23

The Court, having reviewed Plaintiff's complaint, the Report and Recommendation of
Judge Karen L. Strombom, United States Magistrate Judge, Plaintiff’s request to withdraw the

24
motion for voluntary dismissal and for appointment of counsel, and the remaining record, does
25
26

hereby find and ORDER:
(1) The Court declines to adopt the Report and Recommendation; and
ORDER - 1

1
2
3

(2) The matter is re-referrred to the United States Magistrate Judge for consideration of
Plaintiff’s request for appointment of counsel.
DATED this 23rd day of December, 2014.

4

A

5
6

ROBERT J. BRYAN
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER - 2