Filed: Apr. 18, 2017
Latest Update: Apr. 18, 2017
Summary: ORDER RE CONSENT OR DECLINE MAGISTRATE JUDGE JURISDICTION FIVE DAY DEADLINE STANLEY A. BOONE , Magistrate Judge . On March 16, 2016, Plaintiff Joy Leon ("Plaintiff"), proceeding pro se and in forma pauperis, filed this action seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. On March 28, 2017, initial case documents issued, including the order
Summary: ORDER RE CONSENT OR DECLINE MAGISTRATE JUDGE JURISDICTION FIVE DAY DEADLINE STANLEY A. BOONE , Magistrate Judge . On March 16, 2016, Plaintiff Joy Leon ("Plaintiff"), proceeding pro se and in forma pauperis, filed this action seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. On March 28, 2017, initial case documents issued, including the order ..
More
ORDER RE CONSENT OR DECLINE MAGISTRATE JUDGE JURISDICTION FIVE DAY DEADLINE
STANLEY A. BOONE, Magistrate Judge.
On March 16, 2016, Plaintiff Joy Leon ("Plaintiff"), proceeding pro se and in forma pauperis, filed this action seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her application for disability benefits pursuant to the Social Security Act. On March 28, 2017, initial case documents issued, including the order re consent. Plaintiff did not return the order re consent. On May 5, 2016, the Commissioner consented to the jurisdiction of the magistrate judge. On September 8, 2016, a notice of appearance was filed, and Plaintiff is now represented by counsel in this action.
Although the Commissioner has consented to the jurisdiction of the magistrate judge, Plaintiff did not return the form indicating whether or not she is willing to consent to the jurisdiction of the magistrate judge. As Plaintiff is now represented by counsel in this action, the Court shall direct the Clerk of the Court to send a consent or decline form. Plaintiff is advised that she is free to withhold consent without adverse substantive consequences
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is direct to provide Plaintiff with a Consent to Assignment or Request for Reassignment form;
2. Within five (5) days from the date of service of this order, Plaintiff may complete and return the Consent to Assignment or Request for Reassignment form;
3. If Plaintiff does not return the Consent to Assignment or Request for Reassignment form in compliance with this order, this action will be assigned to a district judge for issuance of findings and recommendations; and
4. Plaintiff is advised that she is free to withhold consent or decline magistrate jurisdiction without adverse substantive consequences.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA AT FRESNO
CASE NO. ______________________
______________________________ vs. ________________________________
Plaintiff(s)/Petitioner(s), Defendant(s)/Respondent(s)
IMPORTANT: ✓ CHECK AND SIGN ONLY ONE SECTION OF THIS FORM, THEN RETURN IT TO THE CLERK'S OFFICE NOT LATER THAN 20 DAYS FOLLOWING YOUR FIRST APPEARANCE, ANSWER OR RESPONSIVE PLEADING.
[] CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of Title 28, U.S.C. Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed.
Date: ___________________ Signature: _______________________________
Print Name:________________________________
() Plaintiff/Petitioner () Defendant/Respondent
() Counsel for* _________________________
[] DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to Title 28, U.S.C. Sec. 636(c)(2), the undersigned acknowledges the availability of a United States Magistrate Judge but elects to have this case randomly assigned to a United States District Judge.
Date: ___________________ Signature: _______________________________
Print Name:________________________________
() Plaintiff/Petitioner () Defendant/Respondent
() Counsel for* _________________________
