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UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
IN RE: PLAINTIFF'S CONSENT TO Standing Order No. 2024-1
MAGISTRATE JUDGE JURISDICTION
PURSUANT TO 28 U.S.C. § 636 IN SOCIAL
SECURITY CASES
-----------------I
Effective April 2, 2024, the following procedures will govern filing a plaintiffs
determination regarding consent to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. §
636(c) in cases seeking review, under 42 U.S.C. § 405(g), of the decision of the Commissioner
of Social Security, notwithstanding the process set forth in Local Civil Rule 16-1 (b).
Initial Case Filing
When a Registered User of CM/ECF representing the plaintiff initiates the case, the Court
will require the plaintiff to make a determination regarding consent in CM/ECF at the time of the
initial case filing. If the plaintiff consents, the case will be assigned randomly to a magistrate
judge. If the plaintiff declines to consent, the case will be assigned randomly to a district judge.
When a plaintiff who is not a Registered User of CM/ECF initiates the case, the Clerk
will assign the case randomly to a district judge.
No plaintiff may file a consent after the case is assigned to a district judge.
Remands Pursuant to Sentence Four of 42 U.S.C. § 405(g)
Social Security case appeals following a previous remand by the District Court pursuant
to sentence four of 42 U.S.C. § 405(g) will be given a new case number. The procedures
explained above under Initial Case Filing apply to the plaintiff when filing after remand.
Remands Pursuant to Sentence Six of 42 U.S.C. § 405(g)
Social Security appeals from a modified decision of the Commissioner following
previous remand by the District Court pursuant to sentence six of 42 U.S.C. § 405(g) will be
reopened under the prior case number and assigned to the judge who issued the final order in the
initial case. If that judge is unavailable:
A new magistrate judge will be randomly assigned if the parties fully consented prior to
reopenmg; or
A new district judge will be randomly assigned if there was not full consent prior to
reopenmg.
No plaintiff may file a consent after the case is assigned to a district judge after remand
under Sentence Four or Sentence Six of 42 U.S.C. § 405(g).
This order recognizes that the United States has consented to magistrate judge
jurisdiction in all such cases, subject to reserved rights to withdraw the consent in a given matter
and to withdraw the general consent as set forth in In re: Consent to Magistrate Judges Pursuant
to 28 USC Section 636(c) in Social Security Cases, 06-mc-9130, May 26, 2006.
IT IS SO ORDERED. DATED this 18th day of March, 2024.
MICHAEL MCSHANE
CHIEF U.S. DISTRICT WDGE
