(SS) Reed v. Commissioner of Social Security, No. 2:2010cv02574 - Document 4 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/22/10: ORDERING that the Clerk of Court randomly assign a district judge to this case. RECOMMENDING that this action be dismissed without prejudice. Objections to F&R due within fourteen days. [This case is assigned to District Judge Morrison C. England, Jr.] (Kaminski, H)
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(SS) Reed v. Commissioner of Social Security Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LETICIA-TYSHALLE REED, on behalf of her son TYREE BENNETT, 12 Plaintiff, 13 14 No. 2:10-cv-02574 KJN PS v. COMMISSIONER OF SOCIAL SECURITY, 15 ORDER and FINDINGS AND RECOMMENDATIONS Defendant. 16 / 17 18 On September 22, 2010, plaintiff, proceeding without counsel, filed a complaint 19 challenging the Administrative Law Judge’s decision in an underlying social security 20 administrative proceeding. (Dkt. No. 1.) Plaintiff purported to bring this action on behalf of her 21 minor son, Tyree Bennett. On October 7, 2010, this court ordered that plaintiff Leticia-Tyshalle 22 Reed may not represent her minor son in this action without counsel. (Dkt. No. 3.) Thus, the 23 court granted plaintiff 30 days from the date of that order to retain legal representation for Tyree 24 Bennett. The docket in this action reflects that plaintiff has not obtained counsel to date. 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this case, and 3 4 5 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. These findings and recommendations are submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 7 days after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Id.; see also Local Rule 304(b). Such a 9 document should be captioned “Objections to Magistrate Judge’s Findings and 10 Recommendations.” Any response to the objections shall be filed with the court and served on 11 all parties within fourteen days after service of the objections. Local Rule 304(d). Failure to file 12 objections within the specified time may waive the right to appeal the District Court’s order. 13 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 14 (9th Cir. 1991). 15 DATED: November 22, 2010 16 17 18 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 2