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Malone v. Berryhill, 2:19-cv-00150-APG-NJK. (2019)

Court: District Court, D. Nevada Number: infdco20190919a52 Visitors: 14
Filed: Sep. 18, 2019
Latest Update: Sep. 18, 2019
Summary: Order NANCY J. KOPPE , Magistrate Judge . On September 16, 2019, Plaintiff's pro bono counsel filed a motion requesting access from the Clerk's Office to the administrative record. See Docket No. 30. On September 17, 2019, the Court granted that motion. Docket No. 32. It now appears through further discussions with the Clerk's Office that the limitations built into the CM/ECF system do not permit counsel to access the administrative record through the docket. The Court also notes that i
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Order

On September 16, 2019, Plaintiff's pro bono counsel filed a motion requesting access from the Clerk's Office to the administrative record. See Docket No. 30. On September 17, 2019, the Court granted that motion. Docket No. 32. It now appears through further discussions with the Clerk's Office that the limitations built into the CM/ECF system do not permit counsel to access the administrative record through the docket. The Court also notes that it appears that a copy of the record was provided to Plaintiff previously during the period in which she was proceeding pro se. See, e.g., Docket No. 16 at 1 ("A copy of the transcript of proceedings has also been forwarded to the Plaintiff").

Given the above circumstances, the Court VACATES its order at Docket No. 32. The Court instead INSTRUCTS Plaintiff's pro bono counsel to consult his client as to whether she already has a copy of the administrative record that he can use to proceed with this case. In the event Plaintiff does not have the administrative record, Plaintiff's pro bono counsel shall confer with the United States Attorney's Office about it providing to Plaintiff's counsel a copy of the administrative record through a mutually agreeable electronic method (e.g., compact disc, thumb drive, etc.).

IT IS SO ORDERED.

Source:  Leagle

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